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Forging amounts to manufacturing within the ambit of Section 80IB: Delhi HC

May 6, 2024 567 Views 0 comment Print

Explore the Delhi High Court’s judgment on royalty payments by Dabur India Ltd, implications for tax deductions under Sections 80IC & 80IB, and its impact on industrial undertakings.

PCCIT sanction Required for Reopening Notice After 3 Years: Bombay HC

May 6, 2024 2181 Views 0 comment Print

Impugned order and notice indicated that sanctioning authority was PCIT. However, since issuance date of both documents was beyond three years from relevant assessment year, Section 151(ii) of Act mandated that sanctioning authority should have been PCCIT.

Gross Profit Addition on Bogus Purchases should Align with Genuine Ones

May 6, 2024 1683 Views 0 comment Print

ITAT held that if sales are not disputed and there is no discrepancy between purchases and declared sales, addition should be restricted to bring gross profit on alleged bogus purchases in line with other genuine purchases.

CIT(E) should examine entire trust deed in totality vis-à-vis charitable activities: ITAT Pune

May 6, 2024 594 Views 0 comment Print

The tribunal emphasized that the CIT(E) should have evaluated the entire trust deed in conjunction with the actual charitable activities conducted by the trust to determine whether it solely served the Christian community or provided benefits to the broader community.

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 2448 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

Objections to Arbitrator’s Jurisdiction can be Raised before Arbitral Tribunal itself: HC

May 6, 2024 579 Views 0 comment Print

Petitioner contended that disputes regarding insolvency and winding up are non-arbitrable. However, HC noted that objections to arbitrator’s jurisdiction could be raised before arbitral tribunal itself.

Disqualification of arbitrator with an interest in outcome of dispute: Kerala HC Ruling

May 6, 2024 582 Views 0 comment Print

The court examined the legal provisions and previous judgments, emphasizing the disqualification of an arbitrator with an interest in the outcome of the dispute. It noted that the unilateral appointment of the arbitrator by the Government of Kerala, a party to the dispute, violated legal principles established by the Supreme Court. Therefore, the appointment was deemed legally invalid.

SC Ruling on CESTAT Jurisdiction for compounding of offence under Customs Act, 1962

May 6, 2024 783 Views 0 comment Print

In the case of Principal Commissioner of Custom Vs Khan Sadaf, the Supreme Court of India dealt with the issue of whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) had the jurisdiction to entertain an application for compounding of an offence under Section 137 of the Customs Act, 1962.

ITAT Mumbai taxed LTCG from Penny Stock ‘Essar (India) Ltd’

May 6, 2024 1599 Views 0 comment Print

Shanno Mohammed Yusuf Warsi Vs ITO (ITAT Mumbai) The case of Shanno Mohammed Yusuf Warsi Vs Income Tax Officer (ITO) at the Income Tax Appellate Tribunal (ITAT) Mumbai revolves around the taxation of long-term capital gains (LTCG) from penny stock transactions, specifically involving shares of Essar (India) Ltd. The central question is whether the assessee […]

Prioritize COC Commercial Wisdom in Resolution Plan Approval: NCLT Mumbai

May 6, 2024 507 Views 0 comment Print

The National Company Law Tribunal (NCLT) approved the Resolution Plan, emphasizing the paramount importance of the CoC’s commercial wisdom in such matters. The approval included various directions regarding the plan’s implementation, extinguishment of existing shares, reliefs, amendments to MoA and AoA, and cessation of the moratorium.

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