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All High Courts

Income Tax: Constitutional validity of sub-clause (xviii) to section 2(24) under challenge

December 12, 2023 2574 Views 0 comment Print

Explore the legal battle: Serum Institute of India vs Union of India (Bombay HC). Analysis of sub-clause (xviii) to section 2(24) and its constitutional validity.

Tax Recovery Procedures Must Adhere to Legal Standards: Delhi HC

December 12, 2023 1008 Views 0 comment Print

Explore the detailed analysis of Lovelesh Singhal Prop Shivani Overseas vs Commissioner case, where Delhi High Court emphasizes adherence to proper tax recovery procedures.

Denial of bail merely alleging that petitioner is Hawala Operator unjustified

December 12, 2023 741 Views 0 comment Print

Delhi High Court granted the bail application in the extortion case concluding that merely because the petitioner has been alleged to be a Hawala Operator, the bail cannot be denied to him.

No reassessment beyond 4 years as assessee disclosed Agricultural Land sale in return during scrutiny assessment

December 12, 2023 3312 Views 0 comment Print

Reassessment initiated beyond 4 years was quashed as assessee had disclosed the information with regard to the sale of the agricultural land and all the particulars with regard to sale of agricultural land was disclosed before AO in full extent and there was no failure on the part of assessee with regard to providing material facts and the notice issued under Section 148 and 149 of the Act for re-opening assessment.

No addition of LTCG from sale of share as Explanation 7 of Section 9(1)(i) had retrospective effect

December 12, 2023 675 Views 0 comment Print

Gains arising from sale of a share of a company incorporated overseas, which derives less than 50% of its value from assets situated in India would certainly not be taxable under section 9(1)(i) of the Act read with Explanation 5 thereto.

Court directed SEBI to provide required documents to minority shareholders of BNL

December 12, 2023 453 Views 0 comment Print

Bombay High Court held that minority shareholders of Bharat Nidhi Ltd. (BNL) are entitled to get documents related to proceedings by SEBI against BNL. Accordingly, directed to provide the same in terms of Courts order dated 23 October 2023.

ED summons relating to sand mining without an existence of proceeds of crime unjustified

December 12, 2023 519 Views 0 comment Print

Madras High Court held that ED is trying to fish out the possible commission of offence relating to sand mining without an existence of proceeds of crime. Accordingly, the enquiry contemplated by the impugned summons is not within the domain or within the authority of the respondent, as per Section 50 of the PMLA, 2002.

Refusal to register as an Insolvency Professional based on past actions and conduct justified

December 12, 2023 294 Views 0 comment Print

Delhi High Court held that while judging as to whether a person is fit and proper to be appointed as an Insolvency Professional his past actions and conduct cannot be ignored. Accordingly, refusal to grant registration as an Insolvency Professional justified as petitioner found guilty of fraudulent practices violating market integrity.

Amnesty Scheme Default: Kerala GST Ruling on Unpaid Tax Liability

December 12, 2023 3573 Views 0 comment Print

Explore the case of Farooque Construction vs. Kerala GST – a partnership facing consequences for defaulting on settled tax dues under the Amnesty Scheme.

Income Tax Portal Technical Issues: Kerala HC directs to provide Link for Uploading

December 12, 2023 606 Views 0 comment Print

Kerala High Court orders a link provision for uploading appeals after technical glitches hindered submission. Judgment on failure to upload appeal in Ramakrishna Fuels vs CIT

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