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ITAT Directed Assessee to furnish CA certificate in Form 26A for setting aside disallowance u/s 40(a)(ia)

December 15, 2023 2484 Views 0 comment Print

ITAT Raipur restored the matter back to the file of AO in case of disallowance u/s. 40(a)(ia) of the Income Tax Act as the CA certificate submitted was not as per the prescribed form i.e. Form 26A. Post submission of CA certificate in prescribed form, disallowance u/s 40(a)(ia) will be vacated.

Web cameras are rightly classifiable under Chapter Heading 8473

December 14, 2023 639 Views 0 comment Print

CESTAT Bangalore held that web cameras are rightly classifiable under Chapter Heading 8473 and not under 8525 as web cameras are not digital camera nor it can be considered as a television camera.

Non-voluntary payment made under compelling circumstances during search is liable to be refunded

December 14, 2023 750 Views 0 comment Print

Delhi High Court held that payments made under compelling circumstances during the course of search, without ascertaining tax liability and issuance of notice post search, is liable to be refunded back to the taxpayer along with interest.

Involuntary reversal of ITC during search needs to be refunded to taxpayer

December 14, 2023 768 Views 0 comment Print

Delhi High Court held that involuntary reversal of Input Tax Credit (ITC) during search needs to be refunded to the taxpayer while reserving the right of the GST authorities to proceed against the said taxpayer to the full extent in accordance with law.

Heavy cost imposed for obtaining admission under EWS category by illicit means

December 13, 2023 2028 Views 0 comment Print

Delhi High Court imposed heavy cost for obtaining admission under Economically Weaker Sections (EWS) category by illicit means. Further, directed to convert the admission under the General Category in place of EWS category.

Denial of bail merely alleging that petitioner is Hawala Operator unjustified

December 12, 2023 735 Views 0 comment Print

Delhi High Court granted the bail application in the extortion case concluding that merely because the petitioner has been alleged to be a Hawala Operator, the bail cannot be denied to him.

Court directed SEBI to provide required documents to minority shareholders of BNL

December 12, 2023 453 Views 0 comment Print

Bombay High Court held that minority shareholders of Bharat Nidhi Ltd. (BNL) are entitled to get documents related to proceedings by SEBI against BNL. Accordingly, directed to provide the same in terms of Courts order dated 23 October 2023.

Confiscation of silver jewellary alleging to be smuggled without any evidence unsustainable

December 12, 2023 510 Views 0 comment Print

CESTAT Kolkata held that confiscation of boondi silver and silver jewellary alleging it to be smuggled goods without any evidence to allege that these are third country origin is unsustainable in law.

ED summons relating to sand mining without an existence of proceeds of crime unjustified

December 12, 2023 519 Views 0 comment Print

Madras High Court held that ED is trying to fish out the possible commission of offence relating to sand mining without an existence of proceeds of crime. Accordingly, the enquiry contemplated by the impugned summons is not within the domain or within the authority of the respondent, as per Section 50 of the PMLA, 2002.

Refusal to register as an Insolvency Professional based on past actions and conduct justified

December 12, 2023 291 Views 0 comment Print

Delhi High Court held that while judging as to whether a person is fit and proper to be appointed as an Insolvency Professional his past actions and conduct cannot be ignored. Accordingly, refusal to grant registration as an Insolvency Professional justified as petitioner found guilty of fraudulent practices violating market integrity.

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