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Inordinate delay in adjudication of show cause notice not sustainable

August 27, 2022 2313 Views 0 comment Print

Held that impugned show cause notice cannot sustain as there has been an inordinate delay in adjudication of the same.

Penalty u/s 271(1)(c) not leviable on committing bona fide mistake

August 26, 2022 2472 Views 0 comment Print

Held that the mistake in not adding back the loss on sale of fixed assets in computation of income was a bona fide mistake inadvertently. Accordingly, penalty u/s 271(1)(c) not imposed.

Late fee u/s 234E for delay filing of TDS return not leviable prior to 01.06.2015

August 26, 2022 6138 Views 0 comment Print

Held that late fee u/s 234E for delayed filing of return of TDS not leviable while processing a return of TDS for the assessment years prior to 1.6.2015.

Amount paid by buyer to be refunded on failure to timely complete the construction of flat

August 25, 2022 1764 Views 0 comment Print

Held that Complainant duly paid the amount, however, the developer failed in providing timely construction service. It is directed to refund the amount already paid by Complainant, along with interest @6% p.a.

Dishonor of cheque due to difference in signature covered u/s. 138 of NI Act

August 25, 2022 44433 Views 0 comment Print

Held that provisions contained in Section 138 of the NI Act is to be interpreted in a liberal manner so as to achieve the object for which the said provision has been enacted. Thus, dishonor of cheque due to difference in signatures is also covered under section 138 of the Negotiable Instruments Act

Return filing and revision due date of TRAN 1 cannot be same

August 25, 2022 1311 Views 0 comment Print

Held that due date/ time limit for filing return in TRAN 1 seeking transition of credit and due date/ time limit for revision of TRAN 1 cannot be same.

Permission to use trademark is provisions of service thus dues there on is an operational debt

August 25, 2022 675 Views 0 comment Print

Held that the Corporate Debtor was permitted to use the trademark of KKR in relation to its licensed products, accordingly, there was temporary transfer/permission to use, constituting provision of service. Hence, due and payable arising out of such service is an operational debt

Creditors who triggered CIRP can be impleaded as parties

August 25, 2022 2790 Views 0 comment Print

Held that only creditors who triggered the corporate insolvency resolution process can be impleaded as parties. An Appellant / Plaintiff in a given legal proceeding is the dominus litis.

Rejection of application u/s 9 without pre-existing dispute is erroneous

August 25, 2022 3063 Views 0 comment Print

Held that there was no dispute on the date of filing of the application u/s. 9 of the IBC nor at the stage of notice u/s. 8 of the IBC any dispute was raised. Thus, NCLT has committed error in outrightly rejecting the application under Section 9 of the IBC.

Concessional rate benefit of 2.5% basic customs duty available on import of power tillers

August 25, 2022 1185 Views 0 comment Print

Held that power tillers and rotary tillers are self same goods. Accordingly benefit of concessional rate of basic customs duty of 2.5% under notification no. 12/2012- Customs dated 17.03.2012 is available on import of power tillers

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