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Section 119(2)(b) Application cannot be rejected citing vague & arbitrary reasons

January 2, 2024 4398 Views 0 comment Print

Gujarat High Court rules in Amit Hospital Pvt Ltd vs PCIT, stating that Section 119(2)(b) applications can’t be rejected based on vague reasons for Income Tax Act, 1961.

Section 144B violations: Gujarat HC quashes Income Tax Assessment Order

January 2, 2024 3594 Views 0 comment Print

The petitioner asserts that the draft assessment order, a prerequisite under Section 144B(xxi), was not provided, depriving them of the opportunity to contest and resulting in a substantial demand.

Reference to SARFAESI Act in Agreements does not Bar Arbitration: Bombay HC

January 1, 2024 861 Views 0 comment Print

The respondents contended that the petitioner, being a financial institution under the SARFAESI Act, should exclusively resort to the statutory remedies provided by the Act, and arbitration should not be permissible. This article explores the court’s reasoning and its impact on the dispute resolution landscape.

Proceedings during moratorium should involve Official Liquidator: Kerala HC

December 31, 2023 891 Views 0 comment Print

Explore the Kerala High Court judgment in Platino Classic Motors vs Deputy Commissioner. Learn how the court directs a decision on unpaid service tax and central excise dues after hearing the Official Liquidator.

Service tax payment delay due to delay in receipt of payment: Karnataka HC Directs CA Firm to Settle with Rs.2,50,000 Payment

December 31, 2023 4440 Views 0 comment Print

Explore the Karnataka High Court’s resolution in V.K. Niranjan And Co. vs. Commissioner of Service Tax, emphasizing the court’s pragmatic approach to settle service tax disputes, involving a review petition challenging penalty imposition.

Investment in Partnership Business or Joint Venture Excluded from Definition of Financial Debt

December 31, 2023 1038 Views 0 comment Print

Dive into the legal battle of Chiragsala Sales vs. Vaishno Devi Traders at NCLT Guwahati. Explore the complex issue of financial debt, investment, and the implications under sec. 7 of the Code.

Section 68: Cash Receipts from Jewelry Sales Not Unexplained Cash Credits 

December 31, 2023 2154 Views 0 comment Print

ITAT Chennai rules in favor of Sahana Jewellery Exports Pvt. Ltd. against ITO, highlighting the importance of evidence and legal interpretation in cases of cash deposits during demonetization, underlining the principles of assessing unexplained cash credits.

Petitioner cannot repeatedly ask for time in response to successive show cause notices

December 31, 2023 537 Views 0 comment Print

Explore the Kerala High Court judgment in Shaju Pachelil Pathrose vs ACIT. The court upholds an income tax assessment order, citing denial of repeated time requests by the assessee in response to show cause notices.

Customs Duty: Section 114A Prescribes Penalty Equivalent to Duty or Interest, as Applicable

December 31, 2023 1041 Views 0 comment Print

CESTAT Bangalore ruling in IBM’s favor: Penalty under Customs Act (Section 114A) equals duty, not duty and interest. Detailed analysis of the case.

Madras HC Grants Interim Stay in Cognizant’s Tax Case Appeal against ITAT Order

December 31, 2023 834 Views 0 comment Print

Madras High Court halts Rs. 9403.09 Cr Income Tax demand against Cognizant Technology Solutions India. Detailed analysis and implications of the order.

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