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Duty drawback entitled once export proceeds realised within stipulated period: Delhi HC

October 22, 2024 1188 Views 0 comment Print

Delhi High Court held that petitioner is duly entitled for the grant of duty drawback since the export proceeds have been realised within the stipulated period as prescribed in FEMA. Thus, held that freezing of bank account not justified.

CIRP application dismissed due to non-compliance of section 69(2) of Indian Partnership Act

October 22, 2024 492 Views 1 comment Print

NCLT Hyderabad dismissed the application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 for initiation of CIRP due to non-compliance of section 69(2) of the Indian Partnership Act, 1932

Delay of four months in filing of appeal condoned on medical ground: Patna HC

October 22, 2024 543 Views 0 comment Print

Patna High Court held that delay of four months in filing of an appeal condoned on medical ground as the petitioner was suffering from Jaundice and the same was proved by submission of medical certificate.

Section 68 Addition sustained as creditworthiness of lender not proved: ITAT Visakhapatnam

October 22, 2024 693 Views 0 comment Print

ITAT Visakhapatnam held that addition under section 68 of the Income Tax Act towards unsecured loan sustained as creditworthiness of the lender not proved. Accordingly, ground raised by the assessee dismissed.

Deduction u/s. 80IA granted unit-wise without considering profit or loss of other eligible units: ITAT Ahmedabad

October 21, 2024 777 Views 0 comment Print

Mumbai Tribunal in the case of Punit Construction Company has held that in terms of provisions of sub Section 5 of Section 80 IA, deduction has to be given unit wise without considering profit or loss of other eligible units.

Conviction in terms of Section 306 IPC merely on allegation of harassment unsustainable: Supreme Court

October 21, 2024 816 Views 0 comment Print

The deceased, namely, Rajeev Jain was an employee of Hindustan Lever Limited. He was serving with the company past twenty-three years. On 03.11.2006, he committed suicide in his hotel room in Lucknow.

Interest on refund not hit by proviso to section 244A(1)(aa) of the Income Tax Act: ITAT Ahmedabad

October 21, 2024 1992 Views 0 comment Print

ITAT Ahmedabad held that self-assessment tax paid by the assessee losses its character as self-assessment tax once it got adjusted against the tax liability determined in regular assessment.

Section 10(23C) Application Requires Re-examination Due to Lack of Material on Earlier Rejection: ITAT

October 21, 2024 684 Views 0 comment Print

The assessee is an educational institution established on 17.08.1976 by Act 43 of the 1976 of Andhra Pradesh State Legislature Act and Governed by Act 4 of Andhra Pradesh Universities Act 1991.

Passing of ex-parte order before expiry of time limit for filing reply violative of principles of natural justice: Madras HC

October 21, 2024 1134 Views 0 comment Print

Madras High Court held that passing of ex-parte order prematurely before expiry of time limit for filing reply and without granting personal hearing is against the principle of natural justice and accordingly the order is set aside.

Imposition of penalty u/s. 129 of CGST Act for minor discrepancies unwarranted: Kerala HC

October 21, 2024 2325 Views 0 comment Print

Kerala High Court held that imposition of tax/penalty under section 129 of the CGST / SGST Act in case of only minor discrepancies unjustified. Penalty can be imposed only for violations which may lead to evasion of tax.

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