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Section 10A/10B deduction eligible on ‘deemed export’ to other STP unit

October 2, 2020 3426 Views 0 comment Print

Preludesys India Ltd. Vs. ACIT (Madras High Court) The first aspect that has to be considered is as to whether the Income Tax Act, 1961 deals with the concept of a ‘deemed export’. This position has been clearly explained by the High Court of Karnataka both in the case of Tata Elxsi Ltd., and in […]

Delhi HC rejects plea challenging 12% Rate of GST on Fabric

October 2, 2020 4962 Views 0 comment Print

Petition requesting to notify the GST rate of 5% for all varieties of fabrics falling under Chapters 50 to 63 of the Customs Tariff in furtherance of the recommendations made by the Goods and Service Tax Council

No Section 40A(3) disallowance if Bank Account was Not Operational due to Attachment

October 2, 2020 1866 Views 0 comment Print

The issue under consideration is whether the disallowance under Section 40A(3) of the Act as made by the Assessing Officer is sustainable under Income Tax Act when banking facility was available but the bank account could not be operated by the very bank themselves because of an order of attachment passed by the ESI Department.

SC decision in Surya Roshni Ltd. Vs. EPF has retrospective effect

October 1, 2020 27801 Views 0 comment Print

GMMCO Limited Vs Regional Provident Fund Commissioner (Madras High Court); The Madras High court held that is not possible to countenance the contention raised by the Learned Counsel for the Petitioner in W.P. No. 949 of 2020 that the decision of the Hon’ble Supreme Court of India in Surya Roshni Ltd. -vs- Employees Provident Fund […]

Section 54 deduction allowed on Advance paid for Purchase of Property Prior to Sale of Old Capital Asset

October 1, 2020 13167 Views 0 comment Print

The issue under consideration is whether the advance to the seller of flat prior to the date of sale of old capital asset will be eligible for claiming deduction u/s 54 under capital gains?

Notice for Demand/Recovery not sustainable if it is against SC Judgement

October 1, 2020 1113 Views 0 comment Print

Jumbo Bags Ltd. Vs Deputy Commissioner (Madras High Court) The issue under consideration is whether demand or recovery notice passed against the judgement delivered by the apex court is justified law? In the instant case, the petitioner claimed exemption from payment of duty against the sales effected by them against the Domestic Tariff Area (DTA) […]

Provisional attachment order passed by mechanical exercise of power is not sustainable

October 1, 2020 831 Views 0 comment Print

Explore the legal implications of provisional property attachment in GST inquiry. Gujarat High Court decision on GST DRC-22 order. Expert analysis by Mr. Avinash Podar.

Section 83 powers cannot be exercised without forming an opinion based on relevant material

October 1, 2020 1260 Views 0 comment Print

Meenakshi Trendz through Its Partner Ratan Kumar Saraf Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves […]

GST- Section 83- HC Quashes Provisional Attachment of immovable property

October 1, 2020 2718 Views 0 comment Print

Khushi Sarees Vs State of Gujarat (Gujarat High Court) Section 83 talks about the opinion which is necessary to be formed for the purpose of protecting the interest of the government revenue. Any opinion of the authority to be formed is not subject to objective test. The language leaves no room for the relevance of an official examination as […]

HC Grants Bail to Corruption accused considering Lack of direct evidence

September 30, 2020 1854 Views 0 comment Print

The issue under consideration is appellant seeks suspension of sentence awarded by Trial Court for 4 years for the offence punishable under Section 9 of Prevention of Corruption Act, 1988.

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