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Delhi HC: Proviso to PMLA Section 45(1) an Exception for Women; Twin Conditions Inapplicable

June 28, 2023 2580 Views 0 comment Print

In a recent case, Delhi High Court ruled that proviso to Section 45(1) of Prevention of Money Laundering Act (PMLA) is an exception for women, exempting them from satisfying the twin conditions of Section 45. The court held that sub-classifying women under different categories and applying twin conditions would violate Article 14 of Constitution. The applicant, accused in a complaint case related to the Unitech Group, was granted bail after undergoing extensive investigations and custody for over 20 months.

KVSS Determination Shields from Reassessment: Bombay High Court

June 28, 2023 864 Views 0 comment Print

Explore landmark ruling in Citibank N.A Vs S.K. Ojha case by Bombay High Court, confirming that post-Kar Vivad Samadhan Scheme determination, the Assessing Officer lacks jurisdiction to reopen tax assessments under Section 143 of Income Tax Act. Unearth key insights from this case setting a precedent for businesses under KVSS.

Comparable having loss in three successive assessment years is persistent loss making company

June 28, 2023 2790 Views 0 comment Print

ITAT Bangalore held that if two out of the three preceding assessment year the comparable has earned profits it cannot be held a persistent loss making company. Hence, persistent loss filter can be applied only if there is loss in three successive assessment years.

Membership fees paid for key person of company is allowable as business expenditure

June 28, 2023 12252 Views 0 comment Print

ITAT Mumbai ruled that membership fees paid for a key person of a company are allowable as business expenditure. The case involved the disallowance of club membership fees paid to Cricket Club of India.

Interest subsidy under technology upgradation fund scheme is capital receipt

June 28, 2023 1719 Views 0 comment Print

ITAT Mumbai ruled that the interest subsidy received under the technology upgradation fund scheme is considered a capital receipt, even if it is credited against interest expenditure in the books of account.

Provisions of section 115BBE not attracted when source of income proved

June 28, 2023 5796 Views 0 comment Print

In a recent case, the ITAT Hyderabad held that the provisions of section 115BBE of the Income Tax Act are not applicable when the source of income is disclosed.

Unsustainable Order: Cancelling GST Registration due to Vague Notice

June 27, 2023 1398 Views 0 comment Print

Gujarat High Court held that order cancelling GST registration passed on the basis of very vague and cryptic show cause notice is unsustainable in law and liable to be set aside.

IBC: Sub-contractor not entitled to raise claim if Contractual Relation not exist

June 27, 2023 2652 Views 0 comment Print

NCLAT Chennai held that the sub-Contractor, would not have any contractual relationship with the owner and would not be entitled to prefer any `Claims’ against the owner

IBC: Mere Filing of Application u/s 7(1) Insufficient to Invoke Section 238 Bar

June 27, 2023 1581 Views 0 comment Print

Bombay High Court held that mere filing of an application under section 7(1) of the IB Code is not enough to invoke the bar of section 238 of the IB Code.

Non-Resident: Unsustainable Section 69 Addition for Investment in India

June 27, 2023 4221 Views 0 comment Print

ITAT Mumbai held that addition u/s 69 of the Income Tax Act unsustainable as the assessee being non-resident, income has been invested in India and not arisen in India.

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