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Labour Court cannot Adjudicate Workman’s Claim U/s. 33C(2) of Industrial Dispute Act in an Undetermined Claim

May 17, 2022 15204 Views 0 comment Print

Management of KSRTC Vs Sri K. Shivaram (Karnataka High Court) Section 33C(2) of the I.D. Act refers to any amount due to workman. Section 33C(1) of the Industrial Dispute Act (I.D. Act) speaks of any amount due to workman under the settlement or award under the provision of Chapter 5-A or 5-B of the I.D. […]

Prohibition on export of wheat – Clarification/Relaxation

May 17, 2022 1461 Views 0 comment Print

Wheat export Prohibition not applies to consignments handed over to Customs for examination & registered into their systems on or prior to 13.5.2022

Delhi HC Orders Blocking of 12 Websites pirating Contents of Universal City Studios

May 16, 2022 1692 Views 0 comment Print

Universal City Studios Llc & Ors. Vs Vegamovies Run & Ors. (Delhi High Court) Defendant Websites provide illegal content for free and such availability of content is supported by the advertisements featuring on these websites. The primary purpose of the Defendant Websites is to commit or facilitate copyright infringement. Thus, Defendants No. 1 to 12 […]

Work Contract service to IIT-Bhubaneswar entitled for concessional rate of 12% GST 

May 15, 2022 1809 Views 0 comment Print

In re NBCC (India) Limited (GST AAAR Odisha) With respect to issue raised in Para 3.6(a) whether the tax rate of 12% determined by the Appellate Authority for Advance Ruling in its order dated 19-03-2021 is applicable to entire contract, we find that there is no merit to discuss the matter again and again. The […]

AAAR Maharashtra directs AAR to pass ruling on Merits

May 15, 2022 960 Views 0 comment Print

In re Royal Carbon Black Private Limited (GST AAAR Maharashtra) AAAR have also examined the impugned Advance Ruling passed by the MAAR, wherein the MAAR has refrained from passing the advance ruling in the matter citing the reason that the Appellant has not provided the details regarding the chemical composition of the impugned product, i.e., […]

Prohibit e-pharmacy platforms in India to safeguard public health: CAIT

May 14, 2022 1320 Views 0 comment Print

We maintain of that e-pharmacy marketplaces are not only operating without valid pharmacy licenses but have also been failing to undertake reasonable due diligence gravely compromising consumer safety and health.

Govt subsidy to incentivize industries in backward areas to provide employment is capital in nature & not revenue

May 14, 2022 3339 Views 0 comment Print

Jindal Steel & Power Limited Vs Addl. CIT (ITAT Delhi) Facts in brief are that the assessing officer has, in the assessment order, while holding the impugned subsidy as revenue receipt, simultaneously reduced the same from cost of fixed assets, while applying provisions of Explanation 10 to section 43(1) of the Act resulting in double […]

Income Tax Act not authorize taxing of same amount of income more than once

May 10, 2022 1785 Views 0 comment Print

The Income-tax Act does not authorize levy of tax on the same amount of income more than once. A particular amount of income can be assessed only for once for a particular assessment year.

CIT(A) should dispose of appeal on merits even if assessee is not interested in pursuing appeal

May 10, 2022 6678 Views 0 comment Print

Tejas Karshanbhai Dari Vs ITO (ITAT Ahmedabad) IYTAT held that  Ld. CIT(A) has not approached the matter judiciously and has dismissed the appeal of the assessee, by rejecting the application for condonation of delay, without assigning any specific reasons why the delay in filing appeal should not be condoned. There is no allegation to the […]

AO cannot take different Opinion on Matters involving Similar Facts

May 7, 2022 3744 Views 0 comment Print

PCIT Vs Power Links Transmission Ltd. (Delhi High Court) Undoubtedly, the principles of res-judicata and estoppel are not applicable in taxation matters. However, it has been held that a departure from a finding during the past years would result in a contradictory finding. (See: Commissioner of Income Tax vs. Sridev Enterprises (1991) 192 ITR 165). […]

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