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Transitional credit claim for period prior to approval of resolution plan by NCLT is not allowable

July 22, 2023 567 Views 0 comment Print

Jharkhand High Court held that as liability of earlier management cannot be shifted to current management, similarly, credit of earlier management cannot be shifted to current management. Hence, claim of transitional credit prior to the approval of the resolution plan by the National Company Law Tribunal (NCLT) is not allowable.

No Penalty for One-Day E-way Bill Expiry Delay

July 22, 2023 1326 Views 0 comment Print

In a significant ruling, the Calcutta High Court held that a less than a day delay in the expiry of an E-way bill due to reasons beyond control is excusable, setting aside penalties in the case of Ashok Mishra Vs State of West Bengal & Ors.

जीएसटी धारा 69 की वैधता – आशीष कक्कड़ मामले में इलाहाबाद उच्च न्यायालय के फैसले का विश्लेषण

July 22, 2023 1341 Views 0 comment Print

Dive into the legal challenge against Section 69 of CGST Act. Sri Vikram Chaudhary vs. Union of India. Arrest, confession, and constitutional arguments explored.

Writ jurisdiction cannot be invoked for a second section 154 rectification application as order is appealable

July 22, 2023 768 Views 0 comment Print

In S.P. Paper Packaging Pvt Ltd Vs Union of India, the Calcutta High Court rules that the writ jurisdiction cannot be invoked for a second rectification application under section 154 of the Income Tax Act, 1961, as the order is appealable.

Madras HC Ruling: Maintainability of Statutory Appeal despite Technical Glitches to be Decided

July 21, 2023 738 Views 0 comment Print

An examination of the recent ruling by the Madras High Court in the Sundaram Clayton Limited Vs Deputy Commissioner case, addressing the implications of technical glitches on the maintainability of statutory appeals.

Tax Residency Certificate: Sufficient Proof to establish residency – Bombay HC

July 21, 2023 1119 Views 0 comment Print

In present facts of the case, the Hon’ble High Court have upheld the Judgment of ITAT wherein it was observed that the tax residency certificate is sufficient to determine the proof of residency and the income-tax authorities cannot ignore the valid tax residency certificate issued by the Government authority of the other contracting state, that is, Singapore.

Reopening of assessment u/s 148 for mere change of opinion is unsustainable

July 21, 2023 1218 Views 0 comment Print

Bombay High Court held re-opening of assessment under section 148 of the Income Tax Act for mere change of opinion is without jurisdiction and unsustainable in law.

Order passed u/s 148A(d) within 3 years needs approval from PCIT & not PCCIT

July 21, 2023 1692 Views 0 comment Print

Calcutta High Court held that considering the provisions, order passed u/s 148A(d) is within three years and accordingly, Principal CIT (PCIT) and not the Principal Chief CIT (PCCIT) is ‘Specified Authority’ for approval of the same. Thus, AO rightly took approval from Principal CIT.

Madras HC Dismisses Writ Petitions for Virtual Cross-Examination in Personal Hearing due to Non-Appearance of Transporters

July 21, 2023 264 Views 0 comment Print

The Madras High Court recently dismissed Writ Petitions filed by Ambika Timber Depot, Sree Ashapura Saw Mill & Sree Laxmi Narayana Timbers Private Ltd seeking a legal opportunity for virtual cross-examination in a Personal Hearing due to non-appearance of transporters.

Bail application rejected since twin condition u/s 45 of PMLA not qualified

July 21, 2023 603 Views 0 comment Print

Held that the petitioner is required to cross the bar of twin conditions as laid down under Section 45 of PMLA to be released on bail. In absence of the same, application stands dismissed.

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