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TDS not deductible as patent/ copyright not used against royalty paid

August 19, 2022 2577 Views 0 comment Print

Held that TDS not deductible when neither any patent or copyright was used by the assessee against which the royalty was paid nor there was any technical know-how made available to the assessee.

Addition u/s 68 unsustainable as documents supporting genuineness of share capital submitted

August 19, 2022 801 Views 0 comment Print

Held that addition u/s 68 unsustainable as all the necessary documentary evidences in support of genuineness of share capital submitted by the assessee.

Depreciation u/s. 32 available on non-compete fees

August 19, 2022 1575 Views 0 comment Print

Held that non-compete fees, being an intangible asset, paid in accordance with the terms of the agreement is eligible for depreciation u/s 32

Addition u/s 68 sustainable on failure to establish genuineness and creditworthiness of lender

August 19, 2022 1356 Views 0 comment Print

Held that since the receiver has failed to establish the creditworthiness of the lender and genuineness of the transaction, addition u/s. 68 as unexplained cash credit sustainable.

Robinson and purity Barley taxable under residual entry at 12%

August 18, 2022 1425 Views 0 comment Print

Held that distinct commercial product Robinson Barley and Purity Barley cannot be classified as cereal. Hence taxable under residual entry @12% under Orissa Sales Tax Act, 1947.

Arbitration award passed rejecting the duly filed counter claim is set aside

August 18, 2022 2289 Views 0 comment Print

Held that impugned award set aside as the same was passed rejecting the counter claim, which was duly filed within the time limit, as being time barred.

Section 60(5) vests residuary jurisdiction on NCLT to intervene in certain circumstances

August 18, 2022 3543 Views 0 comment Print

Held that the residuary jurisdiction of the NCLT under Section 60(5) (c) of the IBC provides it a wide jurisdiction and can be exercised as long as the matter is not dehors the insolvency proceedings.

BCCI is a ‘shop’ for the purposes of applicability of ESI Act

August 18, 2022 1779 Views 1 comment Print

BCCI is a ‘shop’ for the purposes of applicability of the ESI Act as activities of the BCCI can be said to be systematic commercial activities providing entertainment by selling tickets etc.

Disqualification of director u/s 164(2) for non-submission of return of dissolved company is unsustainable

August 18, 2022 1740 Views 0 comment Print

Eanokaran Anthony Tony Vs Union of India (Kerala High Court) Held that disqualification of the director under section 164(2) of the Companies Act, 2013 for failure to submit returns with respect to a dissolved company is untenable in law. Facts- Petitioner was the Director of a company named Margin Free Kuries Private Ltd. As the […]

Revised rate of import duty not applicable to bill of entry presented before issuance of notification

August 18, 2022 1362 Views 0 comment Print

Held that bill of entry was self-assessed before the notification no. 103/2020- Customs (N.T.) dated 29.10.2020 was issued. Accordingly, revised rate of duty not applicable.

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