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Section 23(5) taxing Unsold Flats of Real Estate Business Applicable from A.Y. 2018-19

September 22, 2022 9096 Views 0 comment Print

Section 23(5) of Income Tax Act (Notional Rent Tax on Real Estate unsold flats) introduced from 01/04/2018 and would be applicable only from A.Y.2018-19 onwards.

No Unjust Enrichment when Service Tax Refund Claim was Time Barred

September 22, 2022 1806 Views 0 comment Print

Krishna Construction Co. Vs Commissioner of Central Goods And Service Tax (CESTAT Allahabad) In the instance case service tax was liable to be paid at the relevant time and it is only subsequently that by a retrospective amendment, exemption was granted with a specific condition that refund could be claimed by filing it within six […]

NCLT has Discretion to not admit CIRP Application despite default by Corporate Debtor: SC

September 21, 2022 4800 Views 0 comment Print

NCLT and NCLAT fell in error in holding that once it was found that a debt existed and a Corporate Debtor was in default in payment of debt there would be no option to NCLT but to admit the petition under Section 7 of IBC.

Breach of Settlement Agreement terms Not A Ground to Trigger CIRP

September 21, 2022 1500 Views 0 comment Print

NCLT held that breach of the terms and conditions of payment according to a Settlement Agreement does not come under the purview of the Operational Debt as defined under the IBC, 2016 and it cannot be a ground to trigger CIRP against the Corporate Debtor.

SC upheld ₹1 Crore Penalty for failure to comply with Summons of SEBI

September 20, 2022 1581 Views 0 comment Print

DKG Buildcon Private Ltd. Vs Adjudicating & Enquiry Officer, SEBI (Supreme court of India) Investigation by SEBI which had concluded that the appellants and other entities were involved in aiding and abetting Ketan Parekh and his companies in rigging the securities market in the years 2000 and 2001 had not been challenged, at any point, by […]

SC to examine constitutional validity of Goa Cess on Fluid Milk (Control) Act, 2000 provisions

September 19, 2022 720 Views 0 comment Print

Goa State Co op Milk Producers Union Ltd. Vs State of Goa (Supreme Court of India) Being a dispute with respect to the constitutional validity of the relevant provisions of the Goa Cess on Fluid Milk (Control) Act, 2000, only on that ground alone and the issue is with respect to legislative competence, issue notice […]

Section 206AA cannot have overriding effect on DTAA

September 19, 2022 2526 Views 0 comment Print

CIT International Taxation Vs Air India Ltd. (Delhi High Court) Whether ITAT has erred in holding that the rate of deduction of tax in the case of a non-resident who does not have a PAN and whose case does not lie in the exceptions laid down in Sub-Section 7 of Section 206AA of the Act […]

Unregistered sale deed cannot be considered for claim under IBC on immovable property

September 19, 2022 1473 Views 0 comment Print

Sabita A. Biswas Vs Vinodkumar Pukhraj Ambavat (NCLAT Delhi) Appellant sought direction to Resolution Professional to accept the claim. Appellant has filed claim in Form-C along with the claim, Appellant has also filed photocopy of unregistered sale deed engrossed on Rs. 100/- and stamp paper allegedly executed before the Notary on 13.01.2015. The Adjudicating Authority […]

GST Evasion: Bail cancelled for violating bail conditions

September 19, 2022 1515 Views 0 comment Print

CGST Vs. Mohd. Sabahuddin (Patiala House Court) Considering that accused has admittedly not joined investigation pursuant to summons dated 19.04.2022 and 29.04.2022 and admittedly did not drop the Google pin location, therefore, has violated condition No.1 and 2 of bail order dated 17.02.2022 of Ld. Predecessor of this Court. Furthermore, since proper reasoning has been […]

Better utilize AI, data-analytics & other technologies to identify tax evasion

September 18, 2022 1677 Views 0 comment Print

We need to better utilize AI, data-analytics, IoT and other technologies to identify fraudulent practices, such as detection of tax evasion and better train officials on these aspects : Nirmala Sitharaman

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