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Section 18 of Limitation Act Is Applicable to IBC Proceedings: SC

June 18, 2022 3942 Views 0 comment Print

The provisions of Section 18 of the Limitation Act are not alien to and are applicable to proceedings under the IBC

Cash Deposit from unknown sources during Demonetization – ITAT upheld Addition

June 18, 2022 438 Views 0 comment Print

Sneha Nerli Vs ITO (ITAT Bangalore) We are of the opinion that assessee has to prove with evidences that sufficient cash was available to deposit to her bank account. In the present case, assessee claimed that she has been working in Dubai and that the cash deposit in India were on account of amounts earned […]

Madras HC directs dept to follow SC Judgment in UOI Vs. Ashish Agarwal

June 18, 2022 2880 Views 0 comment Print

Giant Construction Company Vs DCIT (Madras High Court) The petitioner assails the communication dated 21.04.2022 by which the objections raised by the petitioner to the reopening of the assessment were rejected. The petitioner asserts that the impugned communication is in contravention of the amended Section 148-A of the Income Tax Act, 1961. Upon the insertion […]

No time limit is prescribed under GST transition provision of Section 142(9)(b)

June 17, 2022 603 Views 0 comment Print

Punjab National Bank Vs Commissioner, Central Goods and Service Tax, Central Excise (CESTAT Delhi) CESTAT find that there is no controversy regarding the quantum of amount refundable. Further, there is no allegation nor any finding by the Court below with regard to unjust enrichment. Further, in the facts and circumstances, I find that there is […]

No limitation period for refund claim on duty paid twice on import Bill of Entry

June 17, 2022 1728 Views 0 comment Print

Ericsson India Private Limited Vs Commissioner, Customs (CESTAT Delhi) CESTAT held that amount paid for the same duty but twice, one of the payment has to be refunded. Otherwise also in terms of section 17 of Limitation Act, whenever there is an application for a relief from the consequences of a mistake, the period of […]

HC Exonerates Company Directors for delayed-filing of Statement of Affairs U/s. 454 Companies Act, 2013

June 17, 2022 738 Views 0 comment Print

This criminal case is filed by the Official Liquidator under section 454 of the Companies Act, 1956 as the accused persons did not file statement of affairs within the stipulated time.

MSME Council Finding on its Jurisdiction is Not an Interim Award

June 17, 2022 2067 Views 0 comment Print

Board of Trustees for Syama Prasad Mookerjee Port Vs Marinecraft Engineers Private Limited (Calcutta High Court) The disputes between the parties pertain to the deductions made by the petitioner under diverse heads from the moneys which were due and payable to the respondent. The respondent being a unit entitled to the benefits of the Micro […]

Initiation of Reassessment Proceedings by Non-Jurisdictional ITO is invalid

June 17, 2022 603 Views 0 comment Print

Indus Towers Ltd Vs Income Tax Officer (Delhi High Court) Having perused the letter dated 9th May, 2022 written by the Income Tax Officer, Ward 6(2), Jaipur, this Court is of the view that the said Income Tax Officer had no jurisdiction to issue notice dated 14th March, 2022 to propose initiation of reassessment proceedings, […]

CBIC Clarificatory Circular Operates retrospectively & not Bring Anything New

June 17, 2022 5202 Views 0 comment Print

Sanjib Das Vs The Union of India (Gauhati High Court) First this Court would like to deal with the question as to whether the Circular dated 11.11.2021 is clarificatory in nature thereby clarifying the Master Circular No.1053/02/2017-CX dated 10.03.2017. A Perusal of the said Circular dated 11.11.2021 stipulates that the concept of pre-show cause notice […]

No Valid Sale Under Law If Sale Notice relied by Parties Has Been Set Aside

June 17, 2022 504 Views 0 comment Print

Ratnamani George Vs Authorized Officer, Canara Bank (Kerala High Court) This writ petition is filed seeking a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount. 2. According to the petitioners, lured by a publication in the website of the respondent intimating the […]

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