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Loan Defaults: Anticipatory bail not granted in serious economic offence

October 29, 2021 2868 Views 1 comment Print

Vuppalapati Venkata Rama Rao Vs Directorate of Enforcement and another (Telangana High Court) Economic offences having deep-rooted conspiracies and involving huge loss needs to be viewed seriously – case not fit to grant anticipatory bail Facts- The Punjab National Bank has alleged that the company has availed various credit facilities from the consortium of banks […]

No power under Employees’ State Insurance Act to waive statutory interest: SC

October 29, 2021 2100 Views 0 comment Print

Transport Corpn. of India Ltd. Vs Employees State Insurance Corpn. (Supreme Court of India) Non-challenge of validity of Regulation 31-A confirms interest demand under the same Facts- The subject matter of the present dispute is demand made by the Employees State Insurance Corporation by way of contribution payable by the appellant for the period from […]

Criminal liability on officers arises only when offence is committed by company

October 29, 2021 2547 Views 0 comment Print

In absence of any specific averment, the prosecution in the present case doesn’t and cannot reply on section 22C(2) of the Act. Unless the company as a principal accused has committed the offence, the persons mentioned in sub-section (1) would not be liable and cannot be prosecuted.

Revocation of will allowable only as per modes specified u/s 70 of Indian Succession Act

October 28, 2021 7782 Views 0 comment Print

Held that a Will cannot be revoked by an agreement and can be revoked only as per the modes specified under Section 70 of the Indian Succession Act.

Addition under section 69A unsustainable for cash deposited as facilitator

October 28, 2021 4758 Views 0 comment Print

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) Conclusion- Cash deposited in bank was transferred to insurance company by way of insurance premium in the name of respective insurer – Assessee acted as facilitator and not the owner of the cash deposited in bank account – Addition not possible under section 69A. Facts- The assessee deposited […]

No interest expense disallowance when own fund exceeds capital work-in-progress

October 28, 2021 1956 Views 0 comment Print

As own fund of the assessee exceeds the amount of capital work in progress. A presumption can be drawn that the own fund is utilized in such capital work in progress. Therefore there cannot be any disallowance on account of interest expenses.

Lubricants not Excisable Goods for SVLDRS Scheme

October 28, 2021 1005 Views 0 comment Print

Indian Oil Corporation Limited Vs Commissioner of Central Excise & GST (Madras High Court) Facts- Exemption claimed by the petitioner was rejected. Thereafter, the petitioner sought settlement of dispute under the Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019. However, revenue argued that lubricant figures in 4th schedule of the Act and such goods are expressly […]

Non-consideration of certain information during original assessment is valid ground for reopening of assessment

October 27, 2021 1794 Views 0 comment Print

Cognizant Technology Solutions India P. Ltd. Vs Asst.CIT (Madras High Court) Facts- Impugned notice was issued under section 148 for reopening of the assessment. The petitioner questioned the legal validity of the initiation of the reopening proceedings. Conclusion- If the Assessing Officer has reason to believe that the particular issue has not been considered or […]

Deemed demutualization doesn’t demonstrate legislative intention to tax specified transactions

October 27, 2021 807 Views 0 comment Print

Kusum Healthcare Pvt Ltd. Vs Commissioner of Central Excise & Service Tax (ITAT Delhi) Facts- M/s Kusum Healthcare has preferred an appeal challenging OIO demanding tax on the finding that remittances made to their branches and offices abroad is ‘consideration’ for ‘taxable service’ procured from outside the taxable territory. Conclusion- The Tribunal in the case […]

‘Sufficient cause’ should be liberally interpreted for condonation of delay

October 26, 2021 3147 Views 0 comment Print

If the party who is seeking condonation of delay has not acted in malafide manner and reasons explained are factually correct then the Court should be liberal in construing the sufficient cause and lean in favour of such party.

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