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Bad debts written off due to corporate restructuring scheme allowable

May 18, 2022 1038 Views 0 comment Print

ACIT Vs Tamil Nadu Water Investment Co. Ltd. (ITAT Chennai) It is an undisputed fact that consequent to the CDR scheme, the assessee had written off the receivables from M/s. NTADCL as bad debt and the debt has become bad only due to corporate restructuring scheme. Moreover, in the books of account of M/s. NTADCL […]

Despite invocation of Section 138 of NI Act Crime can be registered under Sections 406, 420 of IPC

May 18, 2022 6645 Views 0 comment Print

Submission of petitioners that proceeding for offence punishable under Section 420 of IPC is not maintainable once the complainant invokes Section 138 of NI Act is unacceptable.

Non-Existence of Registered Office equals to Lack of Meeting Records: MCA Imposes 25000 Penalty

May 18, 2022 1017 Views 0 comment Print

Registrar of Companies in Rajasthan fines M/s EMBASSY INFRATECH INDIA LIMITED and its directors for violating Section 119 of Companies Act, 2013 by not maintaining meeting records due to non-existence of registered office

No CENVAT of duty paid for failure to meet export obligations as per Advance Authorization license

May 18, 2022 2028 Views 0 comment Print

Aurobindo Pharma Ltd. Vs Commissioner of Customs (CESTAT Chennai) Brief facts are that the appellant had imported certain goods under Advance Authorization Scheme vide various licenses. As the Advance Authorization expired, the appellants were unable to fulfill their export obligation as stipulated in these licenses. They have paid appropriate duty and interest on the quantity […]

Issue of SVLDRS 4 cannot be denied merely for no provision to manually process the same

May 18, 2022 2004 Views 0 comment Print

Gujan Builder Vs Designated Committee (Madras High Court) In this case The SVLDRS 4 was not issued by the Designated Committee at that point of time. Since there is no provision to manually process it now, your request to issue discharge certificate cannot be acceded to. Moreover, the only situation where manual processing is possible […]

ITAT explains Cancellation of section 12AA registration post amendment by Finance Act, 2021

May 18, 2022 2664 Views 0 comment Print

S.R.Trust Vs PCIT (Madras High Court) ITAT held that procedure of cancellation of the registration already enjoyed either under 12A regime or 12AA regime in the case of the petitioner, in view of the new regime having been introduced, shall take place only after disposing the application made by the trust or institution, under the […]

HC Directs Dept to consider GST refund application on merits

May 18, 2022 1305 Views 0 comment Print

Heatworks Private Limited Vs Assistant Commissioner, State Tax (Calcutta High Court) In this writ petition, petitioner has challenged the impugned order dated January 18, 2022 passed by the respondent-GST authority rejecting the claim for refund to the petitioner on the ground of limitation. Learned advocate for the petitioner submits that the impugned order of rejection […]

Section 271(1)(c) penalty not leviable for mere denial of section 54F Deduction

May 18, 2022 885 Views 0 comment Print

Vikram Kalra Vs ACIT (ITAT Delhi) It is the case of the assessee that the provisions of Section 54F are beneficial in nature and the Courts have always accorded liberal interpretation and a small delay of few days have been condoned for the eligibility purposes. Even otherwise, in these circumstances, the imposition of penalty on […]

Interest/dividend from Co-Op Bank eligible for section 80P deduction

May 18, 2022 4395 Views 0 comment Print

Indian Bank Employees Cooperative Credit Society Limited Vs ITO (ITAT Mumbai) Brief facts are that the assessee is The Indian Bank Employees Cooperative Credit Society Limited. On perusal of the profit and loss account and the computation of income, the Assessing Officer observed that the assessee has offered net income from business and profession at […]

Tax Recovery: Property cannot be attached without ascertaining its Ownership

May 18, 2022 1698 Views 0 comment Print

Pravin Talakshibhai Kotak Vs PCIT (Gujarat High Court) HC held that  Principal Commissioner shall look into all documents which are on record and take an appropriate call as regards the attachment of the property-in-question. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT By this writ application under Article 226 of the Constitution of India, […]

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