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Lawful expense cannot be disallowed merely for claim under wrong head

May 23, 2022 3036 Views 0 comment Print

ACIT Vs Uniworth Textiles Ltd. (ITAT Kolkata) We find that during the year the assessee has written off the sum of Rs. 84,56,692/- on account of sundry balance written off which was charged to the account of profit and loss account. We note that the substantial part of the amount represented the stock written off […]

GST exempt on supply of Occupation Health Check­up Service

May 23, 2022 3267 Views 0 comment Print

In re Baroda Medicare Private Limited (GST AAAR Gujarat) AAAR held that supply of Occupation Health Check­up Service by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll working in different corporate for providing health check-up services, ambulance facility and allied medical services to their employees and also the camps conducted for health […]

No bar under law to initiate fresh reassessment proceedings

May 23, 2022 924 Views 0 comment Print

Shivsamarth Group Vs PCIT (ITAT Pune) Admittedly, in the present case, the order which is sought to be revised is the order dropping the reassessment proceedings u/s 147 of the Act. On carefully going through the material on record, it would be clear that the original reassessment proceedings were initiated with view to tax the […]

HC grants Anticipatory Bail to EX CEO of J.K. Shah classes who formed EDNOVATE classes

May 23, 2022 8478 Views 0 comment Print

Case of the prosecution is that the applicant is a Chartered Accountant and Company Secretary engaged in the profession of teaching students who aspire to become Chartered Accountant. The complainant is the Managing Director of a Coaching Institute for CA and CS titled as J.K. Shah Education Private Limited.

Both Signature & Thumb Impression not Mandatory for A Pro-Note Under Negotiable Instruments Act

May 22, 2022 3408 Views 0 comment Print

R.Barathbaran (Died) Vs R. Nallathambi (Madras High Court) There is no mandatory provision under the Negotiable Instruments Act that both the signature and thump impression has to be obtained for a pro-note and the lower Appellate Judge has totally misguided and misused the provision of the Negotiable Instruments Act, regarding burden of proof and not […]

Reassessment cannot be In Casual & Whimsical Manner

May 22, 2022 1086 Views 0 comment Print

Manash Nandi Vs ITO (ITAT Kolkata) We find that the AO has recorded the reasons u/s 148 of the Act in a very casual manner. We find that the AO has only reproduced in the reasons recorded the information received and hurriedly came to the conclusion that there exists escapement of income and evasion of […]

Arbitrator can decide if Supplementary Agreement Rescinding Arbitration Clause is Contrary To Law: HC

May 22, 2022 2136 Views 0 comment Print

Kiran Infra Engineers Limited Vs Northern Railway (Delhi High Court) The question as to whether the supplementary agreement is a full and final discharge of respective obligations under the principal agreement and also rescinds the terms and conditions of the principal agreement is itself in dispute, which requires to be referred to Arbitral Tribunal. The […]

Writ Jurisdiction cannot be invoked for mere Refusal to delete Name of A Party From Arbitral Proceedings

May 22, 2022 621 Views 0 comment Print

State of Odisha Vs Nayagarh Sugar Complex Ltd (Orissa High Court) The agreement provides for exclusion of representations and There are recitals in connection with or in relation to representations or warranties in mentioning Government of Odisha as substantial share holder in the seller and having had acted through Registrar of Cooperative Societies. Department of […]

Commission payment not allowable if not for the purpose of business

May 22, 2022 2469 Views 0 comment Print

Oripol Industries Ltd. Vs JCIT (Orissa High Court) In the present case, all the persons to whom commission was paid were either Directors of the Company or their relatives. None of them is shown to have any expertise in procuring IOF from the Indian markets for enabling the Appellant to meet the purchase order placed […]

AAR Maharashtra allows ‘Cinta Medtech’ to withdraw application

May 22, 2022 969 Views 0 comment Print

In re Cinta Medtech Private Limited (GST AAR Maharashtra) The present application has been filed under Section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act” respectively] by M/s. Cinta Medtech Private Limited, the applicant, […]

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