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Managing Directors of Company to be summoned only when authorized representatives are not cooperating

May 25, 2022 4650 Views 0 comment Print

HC held that the Managing Director of a company should not be directly summoned by authorities under Section 108 of the Customs Act, 1962 . Further held that, authorized representatives of a company are to be summoned and MD can only be summoned, if the former is not cooperating or if investigation is to be completed expeditiously.

Loss on trading in derivatives can be set off against business income

May 24, 2022 11016 Views 0 comment Print

It is clear that, the transactions in respect of trading in derivatives referred to in Clause (ac) of Section 2 of Securities Contracts (Regulation) Act, 1956 carried in a recognized stock exchange are excluded from the definition of ‘speculation transaction’ described under Section 43 (5) of the Income Tax Act, 1961.

States dues for tax has no preference over dues of other secured creditors

May 24, 2022 1713 Views 0 comment Print

This Court finds that the claim/dues of the creditors are required to be settled by the OL in the manner and priority, as prescribed under the Act of 1956. The State dues, in no way, can have preference over the dues/claims of the workmen and other secured creditors.

HC quashed NFAC order passed without discussing reply to SCN filed by assessee

May 23, 2022 2148 Views 0 comment Print

Vellaian Selvaraj Vs Additional/Joint/Deputy/Asst. CIT/ITO (Madras High Court) Considering the fact that the impugned Assessment Orders have been passed without any discussion, these Writ Petitions are allowed by remitting the case back to the National Faceless Assessment Centre to pass a fresh order within a period of sixty days based on the reply filed by […]

Consider plea for extension of payment date under SVLDR scheme due to Cancer Treatment of Assessee – HC directs dept

May 23, 2022 1323 Views 0 comment Print

Delhi HC allows petition challenging recovery notices. Petitioner seeks leniency citing financial constraints and health issues.

Section 5 of Indian Limitation Act not applies to proceedings under Section 34 of Arbitration Act

May 23, 2022 7929 Views 0 comment Print

State of Rajasthan Through Chief Engineer Vs Godhara Construction Company (Rajasthan High Court) It is not in dispute that the arbitral award was passed on 29.07.2000 and the objections were filed by the appellant-State of Rajasthan under Section 34 of the Act of 1996 on 21.11.2000. It is an admitted position of law that the […]

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

May 23, 2022 8574 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.

HC allows Refund of amount unlawfully collected along with interest on delayed refund

May 23, 2022 3810 Views 0 comment Print

Refund was allowable to assessee alongwith the interest on delayed refund as the officer arbitrarily and illegally withheld the amount of refund despite the order of the first appellate authority dated 30.06.2018 for refund.

Chance to reply by petitioner denied due to technical glitches on portal- HC Quashes Order

May 23, 2022 1038 Views 0 comment Print

Chandrasekaran Ragupati Vs CBDT (Madras High Court) It is the admitted case on the part of the Revenue that, on the last date i.e., on 11.06.2021, which was given to the petitioner to reply ie., upto which the web portal of the respondent was not functioning because of technical glitches. This has been admitted by […]

Permission for reassessment cannot be sought by AO u/s 56 of UP VAT Act, 2008

May 22, 2022 5844 Views 0 comment Print

Section 56 of the U.P. VAT Act would reveal that the section has wide power, but seeking of permission by the assessing authority for making reassessment of the dealer is not conferred under the said provision.

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