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HC disposes appeal as Assessee availed benefit under Direct Tax Vivad Se Vishwas Act, 2020

February 21, 2022 570 Views 0 comment Print

PCIT Vs Indian Additives Ltd (Madras High Court) This Tax Case Appeal has been filed by the appellant / Revenue challenging the order dated 14.06.2016 passed by the Income Tax Appellate Tribunal, Bench ‘A’, Chennai in I.T.A.No.835/Mds/2016, relating to the assessment year 2010-11. 2. By order dated 23.01.2017, this court admitted the aforesaid tax case […]

Sessions or Additional Sessions Judge cannot try offences under IBC

February 20, 2022 1728 Views 0 comment Print

Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court) It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought […]

RVAT: Penalty justified for concealing transactions of sale & purchase to avoid payment of Tax

February 20, 2022 1590 Views 0 comment Print

Assistant Commissioner Vs C.P. Agro Industries (Rajasthan High Court) The Tax Board has neither recorded any cogent finding on merits of the case before setting aside the penalty nor it has considered the provisions of section 61 of the RVAT Act, 2003, more particularly, when the fact was proved before all the Authorities that Forms-C […]

HC dismisses Reassessment Notice to Tata Sons Based on mere change of opinion

February 20, 2022 1206 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) Bombay High Court find substance in the submission of Mr.Pardiwalla that the case at hand is nothing but an instance of mere change of opinion. A bare perusal of the reasons indicates that the exercise was infuenced by a mere change of opinion. To start with, it […]

Deactivation of DIN of the Directors is not automatic: HC

February 20, 2022 5910 Views 0 comment Print

Satya Narayan Banik Vs Union of India (Calcutta High Court) This Court is of the view that the object and purposes of Section 164 and 167, as amended is to ensure probity and the highest standard of governance in Companies both public and private. A failure to file balance sheet and the annual returns for […]

Initial Assessment year for Section 80IA(5) means first year of claim of deduction

February 20, 2022 2667 Views 0 comment Print

CIT Vs Roots Multiclean Ltd. (Madras High Court) It is abundantly clear from sub-section (2) of Section 80IA that an assessee who is eligible to claim deduction u/s 801A has the option to choose the initial/ first year from which it may desire the claim of deduction for ten consecutive years, out of a slab […]

Banks cannot stop payment under Bank Gaurantees/ LCs for Dispute between Buyer/Seller

February 20, 2022 2157 Views 0 comment Print

Satish Kansal Vs Synergy Tradeco NV (Delhi High Court) Merely because there is a dispute between the buyer and the seller with regard to the contract of supply of goods, that cannot be ground for interfering with the LC. Therefore, the courts have recognized only two exceptions to the aforesaid principle where courts would pass […]

Notaries in foreign country can be legally recognized by court even without reciprocity between countries

February 19, 2022 31206 Views 1 comment Print

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

HC allows Refund of IGST lying in Electronic Credit Ledger

February 18, 2022 3759 Views 0 comment Print

Writ applicant could be said to be entitled to claim the refund of the IGST lying in the Electronic Credit Ledger as there is no specific supplier who can claim the refund under the provisions of the CGST Act and the CGST Rules as Input Tax Credit is distributed by the input service distributor.

Confiscated goods should be returned in case of delayed issuance of notice

February 18, 2022 5607 Views 0 comment Print

In the instant case, admittedly there has been no provisional release of the seized goods. Further extension of six months with the reasoned order by the Principal Commissioner of Customs or Commissioner of Customs also is completely missing. The period of six months from the date of signature expired on 03.10.2019.

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