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Refund Excess amount of Stamp Duty paid: MP HC

June 5, 2020 5508 Views 0 comment Print

In the present case, respondent rejected the refund of excess amount of stamp duty paid on the ground that the said provision does not apply to the case of the petitioner/company as ad-valorem duty was paid at 1% and not at 5% of the market value.

Selection of comparable can be challenged even if same clears filters

June 4, 2020 4725 Views 0 comment Print

Since none of the comparables had been excluded on the ground of high turnover alone, the test of functional similarity applied by the Tribunal was in consonance with the legal position and moreover, assessee could not be denied a chance to challenge the inclusion of a comparable merely for the reason that the selected comparable cleared the filters.

Provisional Attachment Order to safeguard from creation of third party interest was justified

June 4, 2020 1212 Views 0 comment Print

The issue under consideration is whether the Provisional Order of Attachment for Pending Adjudication is justified in law?

Exemption u/s 10 & 11 cannot be granted merely based on section 12AA Registration

June 4, 2020 1260 Views 0 comment Print

The issue under consideration is whether the Income Tax benefit under section 10 and 11 will be granted on the basis of registration under section 12AA?

Book profit | Section 10A deduction | HC refers matter back to ITAT

June 4, 2020 1020 Views 0 comment Print

The tribunal has held that net profits have to be determined as per the provisions of the companies Act and thereafter, the adjustments have to be made. It has further been held that the assessee cannot adjust the books of profit except as provided under the companies Act.

Blank paper containing only a signature can be termed as a ‘document?

June 4, 2020 13026 Views 0 comment Print

Nisar Vs State of Kerala (High Court of Kerala) Section 3 of the Evidence Act defines ‘document’ as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used, or which may be used, for the purpose of recording […]

HC directs GSTN for migration/transition of credit

June 3, 2020 927 Views 0 comment Print

The petitioner states that since no provisional ID was received from GSTN, it proceeded to utilise an ID using random units that, admittedly, has no basis and was defective. Using this ID, business was conducted during the period 01.07.2017 to 21.08.2017 and credit was also earned.

Passport Authorities cannot Impose Penalties : Kerala HC

June 2, 2020 5637 Views 0 comment Print

Passport authorities under the Passports Act, 1967 are not vested with any power under Section 12 of the Act 1967, to impose any fine and it is a matter affecting the public.

HC imposes Penalty for not following social distancing during Marriage

June 2, 2020 4233 Views 0 comment Print

Renu Devi and another Vs State of Punjab and others (Punjab & Haryana High Court) Perusal of the photographs attached with the petition, shows that at the time of marriage ceremony, the petitioners and other attending persons were not wearing the masks, which is otherwise necessary in view of COVID-19 pandemic. Accordingly, the petitioners are […]

Appointment of an ‘Affiliate’ Arbitrator Not eligible under Seventh Schedule

June 2, 2020 990 Views 0 comment Print

Despite the repeated appraisal of arbitral clauses in contracts between parties by both the legislature and judiciary as the key to arbitration becoming the preferred mode for commercial dispute resolution as long as such clauses remain impartial, several Government organizations and Public Sector Undertakings have one-sided clauses for dispute resolution in their agreements. The Bombay High Court also took note of the same.

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