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HC Upholds Exclusion of Comparables Due to Functional Dissimilarity & Amalgamation

July 25, 2023 546 Views 0 comment Print

Delhi High Court’s judgment on transfer pricing case involving functional dissimilarity & amalgamation, leading to exclusion of certain comparables.

Bail application rejection for non-satisfying twin conditions u/s 45 of PMLA, 2002

July 24, 2023 1047 Views 0 comment Print

Chhattisgarh High Court held that bail application filed u/s. 439 of Cr.P.C. rejected as the applicant is unable to satisfy twin conditions for the grant of bail under Section 45 of the PMLA, 2002.

Calcutta HC Sets Aside Section 148A(d) Order – Violation of Natural Justice

July 24, 2023 4818 Views 0 comment Print

Calcutta High Court’s ruling in Sushil Jaiswal Vs Union of India – order under Section 148A(d) set aside due to denial of personal hearing violating principles of natural justice.

Penalty not imposable as excess depreciation surrendered without prior detection of Revenue

July 24, 2023 507 Views 0 comment Print

Gujarat High Court held that penalty not imposable as excess depreciation claimed was surrendered by the assessee without prior detection of the Revenue and such excess claim was made due to bonafide reasons.

Remedy of appeal available only to member of ICAI & not to complainant/informant: HC

July 24, 2023 1833 Views 0 comment Print

Gujarat High Court held that misconduct charges against the auditor not sustained stating the Statute provides remedy of appeal is only available to a member of ICAI against the decision of the Board Discipline or Disciplinary Committee imposing any penalty. The same is not available to the complainant or informant.

Issuance of notice after expiry of period prescribed u/s 28(9) of Customs Act doesn’t survive

July 24, 2023 3414 Views 0 comment Print

Delhi High Court held that show cause notice issued after the expiry of the prescribed period under section 28(9) of the Customs Act, 1962 would not survive in law.

Section 148A(d) Order passed Without Personal Hearing: Delhi HC Sets Aside

July 24, 2023 1233 Views 0 comment Print

The Delhi High Court recently dealt with two writ petitions (W.P.(C) 6061/2023 and W.P.(C) 6062/2023) concerning Assessment Year (AY) 2016-17. The issue raised in these petitions was similar to the one in another case titled “Harvinder Singh (HUF) v. Principal Commissioner of Income Tax & Anr.

HC explains specified authority under Section 151(ii) of Income Tax Act

July 23, 2023 4134 Views 0 comment Print

Gemini Overseas Limited filed a writ petition challenging the order passed under Section 148A(d) of the Income Tax Act, 1961, for the assessment year 2019-20. The petitioner contended that the order was passed without approval from the “Specified Authority” as required under Section 151(ii) of the Income Tax Act, 1961.

WBGST Act: HC Dismisses Premature Appeal Against Preliminary Report

July 23, 2023 366 Views 0 comment Print

A noteworthy ruling from the Calcutta High Court upholds a preliminary report issued by the Deputy Commissioner of Revenue in the case of non-filing of an objection by Jac Olivol Products Private Limited, shedding light on critical nuances of the WBGST Act.

Benami Property: Calcutta High Court Refuses to Quash Notice 

July 23, 2023 942 Views 0 comment Print

Calcutta High Court allows re-hearing and extension to file objections in a case concerning Section 24 of the Prohibition of Benami Property Transaction Act. The decision provides an opportunity for a more detailed review of the law.

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