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Civil Court cannot Entertain Suit Structured on Industrial Disputes Act : SC

October 12, 2021 3144 Views 0 comment Print

Civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Ac. The decree favouring the plaintiff is a legal nullity and the finding of the High Court to this extent is upheld.

Faceless Assessment order quashed as password for VC not provided

October 12, 2021 16170 Views 0 comment Print

Neeraja Rateria Vs National Faceless Appeal Centre Delhi (Calcutta High Court) The Court: Heard learned advocates appearing for the parties. In this matter the petitioner has challenged the impugned assessment order dated 26th August, 2021 passed under section 143(3) read with section 144B of the Income Tax Act relating to assessment year 2018-19 and subsequent […]

Project specific Consultancy & Architect Fees not amount to FTS

October 11, 2021 2214 Views 0 comment Print

DCIT Vs Forum Homes Pvt Ltd. (ITAT Mumbai) A reading of Article 12(4) of the tax treaty would make it clear that payment made to a resident of one of the contracting state can be regarded as FTS, if, in course of providing managerial/technical or consultancy services, technical knowledge, experience, skill, know-how or processes is […]

Companies with turnover of less than Rs. 200 crores cannot be compared with companies having turnover exceeding Rs. 200 crores

October 11, 2021 4272 Views 0 comment Print

Biesse Manufacturing Company Pvt. Ltd. Vs DCIT (ITAT Bangalore) We have noticed that the turnover of the assessee company for software development segment was Rs. 4.56 crores and hence the assessee company falls in the category of companies having turnover of Rs. 1 to 200 crores. The coordinate bench in the case of Autodesk India […]

Alternate method for transfer of space by exiting unit under Rule 74 of SEZ Rules, 2006- reg

October 11, 2021 5019 Views 0 comment Print

In order to facilitate smooth operation of business activities by SEZ units and for the ease of doing business, following clarifications are issued for transfer of space under the extant provisions of Rule 74 of SEZ Rules, 2006:-

Section 153C order passed without disposing objection of Assessee Violates principle of natural justice

October 10, 2021 3435 Views 0 comment Print

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court) I am of the view that a very short issue, according to me, involved in these writ petition is as to whether before passing the aforesaid impugned assessment orders, the objections/representations made by the petitioners against the initiation of impugned proceedings under […]

TPO bound by decision of Jurisdictional HC if same has not been suspended or stayed

October 10, 2021 1086 Views 0 comment Print

Ikea Services India Pvt. Ltd. Vs ACIT (ITAT Delhi) The TPO has not accepted the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of Li & Fund [supra] solely on the ground that an appeal has been recommended before the Hon’ble Apex Court. In our considered view, when the operation of […]

HC grant Bail to person accused of issuing Fake Invoices & availing bogus ITC

October 10, 2021 2694 Views 0 comment Print

Appellant is alleged of having availed Input Tax Credit amounting to Rs.15.44 crores on the basis of invoices issued by such non-existent/fake firms without movement of goods, alleged to have been transported by such fake/non-existent transporters, and on the basis of corresponding transport receipts being included in their record for claiming the said benefit.

Wrongful availment of ITC under GST: High Court grants Bail

October 10, 2021 1719 Views 0 comment Print

Shailesh Chandra Vs DGGI Jaipur Zonal Unit (Rajasthan High Court) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. This Court perused the material available on record. The petitioner has been arrested in connection with Complaint No.DGGI/INV/GST/2371/2021-Gr-B/O/o ADG-DGGI-ZU- Jaipur […]

Retrospective seniority cannot be claimed from a date when employee was not even borne in service

October 10, 2021 2865 Views 0 comment Print

In a case relating to compassionate appointment, the Supreme Court held that retrospective seniority cannot be claimed from a date when an employee is not even borne in service.

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