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Petitioner is entitled to exclusion of time spent in prosecuting the proceeding bona fide in a court without jurisdiction.

March 4, 2022 2667 Views 0 comment Print

KLJ Organic Ltd. Vs CIT Vs (Delhi High Court) In the opinion of this Court, Section 14 of the Limitation Act, 1963 is attracted to the facts of the present case and the Petitioner is entitled to exclusion of time spent in prosecuting the proceeding bona fide in a court without jurisdiction. This Court is […]

HC directs RBI to replace Demonetized Currency with Valid Notes which were in Police Custody

March 4, 2022 2493 Views 0 comment Print

Kishor Ramesh Sohoni Vs Union of India & Ors (Bombay High Court) Petitioner asks is for a direction to the RBI to replace the old currency notes since they were all along in custody of the police with valid current tender. HC exercises its equitable discretionary jurisdiction under Article 226 of the Constitution of India […]

Tax Assessment Orders passed while Managing Director was detained in a foreign nation are unsustainable – Kerala HC

March 4, 2022 789 Views 0 comment Print

Atlas Jewellery (P) Ltd Vs Deputy Commissioner (Kerala High Court) Tax Assessment: Orders passed while the Managing Director was detained in a foreign nation are unsustainable – Violation of principles of natural justice:  High Court of Kerala. It is proclaimed in Atlas Jewellery [P] Ltd Vs. The Deputy Commissioner & Ors (W.P.(C) No. 21798 of […]

Section 11 exemption cannot be denied if Trust is not working with the intent of earning profit

March 4, 2022 897 Views 0 comment Print

Since assessee was not earning any profit as the main object of assessee was to improve the public transport system in the country and the road safety standards and activities of laboratory testing and consultancy are bringing revenue to the assessee-association but intent of such activities is not to earn profit for its shareholders/owners, therefore, exemption under section 11 could not be denied to assessee.

GST: Provisional attachment ceased to be effective upon completion of period of one year

March 4, 2022 1071 Views 0 comment Print

CBIC’s circular dated 23.02.2021 has also clarified that every provisional attachment shall cease to have effect after expiry of period of one year from the date of attachment order.

AO should exercise Discretionary power as per the rules of reason & justice: HC

March 4, 2022 5211 Views 0 comment Print

Harsh Dipak Shah Vs Union of India (Gujarat High Court) Facts- The writ applicant prayed for waiver of 20% of the pre-deposit essentially on four grounds (i) high pitched assessment (ii) only source of income through Avani Petrochem Pvt. Ltd. (iii) stereo type order passed by the Principal Commissioner and (iv) adverse effect on the […]

Creditors needs to adhere time-limit fixed by Magistrate for taking over possession of secured assets

March 4, 2022 10629 Views 0 comment Print

Mangalagiri Textile Mills Private Limited Vs The State Bank of India (Andhra Pradesh High Court) Facts- The petitioners obtained loan from the SBI. The account became a Non-Performing Asset where under the total amount of Rs. 10,36,25,840 was to be paid. As the petitioners had defaulted, the SBI, prior to sanctioning OTS, on 27.02.2019 had […]

2 courts can have jurisdiction over arbitration application: HC explains the term ‘seat’ or ‘venue’

March 4, 2022 20799 Views 0 comment Print

Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court) Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, […]

Delhi HC quantifies alcohol storage limit at residence

March 4, 2022 13413 Views 0 comment Print

Avijeet Saluja Vs State of NCT of Delhi (Delhi High Court) Delhi HC quantifies maximum permissible limit of alcohol storage at residence. 1. The Delhi High Court has affirmed that an individual, aged above 25 years, can possess 9 litres of Indian Liquor and Foreign Liquor, i.e., whisky, vodka, gin and rum, and 18 litres […]

Payment to non-resident, towards charter hire of tugs and barges, in execution of contract is assessable u/s 44BB

March 4, 2022 1782 Views 0 comment Print

Larsen & Toubro Limited Vs Girish Dave, Director Of Income-Tax (International Taxation) (Bombay high court) Facts- The petitioner/assessee is a public limited company and an engineering conglomerate and carries out varied business activities through independent divisions. The petitioner had entered into a contract with the ONGC, whereunder the petitioner was awarded the contract for survey […]

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