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HC Denies Anticipatory Bail in ₹2.27 Crores Fraud via Bogus GST-Registered Firm

November 3, 2023 1446 Views 0 comment Print

Mr Sujeet Singh Hussain, in whose name M/s Madhu Enterprises was registered, had stated that he was working as a security guard in the office of present applicants, who got his signatures for opening the bank account and fraudulently got the firm registered in his name as well as other employees.

HC acquits CA in misconduct case for delay & lack of evidence

November 3, 2023 2376 Views 0 comment Print

Bombay High Court acquits CA Gordhanbhai Madhabhai Savalia, citing inordinate delay, lack of evidence, and legal complexities in professional misconduct case.

Section 148 Reassessment Set Aside for Lack of Deficiency in Assessee’s Explanation

November 3, 2023 627 Views 0 comment Print

Delhi High Court held the reassessment proceedings under section 148 of the Income Tax Act as liable to be set aside as AO failed to demonstrate that explanation given by the assessee was deficient.

Seizure of shawls took place in Delhi hence Delhi Court will have jurisdiction

November 3, 2023 660 Views 0 comment Print

Jammu-Kashmir and Ladakh High Court held that as the seizure of shawls containing prohibited material took place in Delhi, therefore, Delhi Court will be having jurisdiction in the matter and not the court of Jammu-Kashmir and Ladakh.

Compensation for 10-Year Business Inactivity Is Capital Receipt

November 3, 2023 2223 Views 0 comment Print

Compensation received for non-carrying of business was capital in nature as the operation of non- compete agreement was for 10 years and for the period in which the non-compete agreement was to operate, assessee’s source of income had been clamped.

GST refund cannot be denied for merely for multiple inputs & output supplies

November 2, 2023 6102 Views 0 comment Print

In the Nahar Industrial Enterprises Ltd. vs. Union of India case, Rajasthan High Court ensures GST refund isn’t denied solely due to multiple inputs and outputs.

FERA Section 56 Proceedings Initiation Without SCN Unsustainable

November 2, 2023 1092 Views 0 comment Print

Delhi High Court held that initiation of proceedings under section 56 of the Foreign Exchange Regulation Act, 1973 (FERA) without issuance of show cause notice or opportunity notice is against the principle of natural justice and hence untenable-in-law.

Reopening on ‘Borrowed Satisfaction’ Instead of ‘Independent Satisfaction’ is Unlawful

November 2, 2023 6336 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 147 of the Income Tax Act merely based on ‘borrowed satisfaction’ as against statutory requirement of ‘independent satisfaction’ is bad-in-law.

Second Wife Not Entitled to Death Benefit Without Government Approval

November 2, 2023 1677 Views 0 comment Print

As per Revised Pension Rules, 1980, family pension is not admissible to the second wife as marrying another wife, (when one wife is living) without obtaining the approval of Government is contrary to Rule 25 of A.P. Civil Services (Conduct) Rules, 1964. In absence of Government approval, death benefit not entitled to second wife.

Writ Dismissed as Provisional Attachment Lifted under Section 24(4)(b)(i) of Benami Property Act

November 2, 2023 603 Views 0 comment Print

Kerala High Court dismissed the writ petition as provisional attachment made u/s 24(4)(b)(i) of the Prohibition of Benami Property Transactions Act, 1988 in respect of the properties of the petitioner was lifted.

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