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Supreme Court of India

SC allows appellant to travel abroad based on his previous record

May 2, 2023 6612 Views 0 comment Print

Having regard to the genesis of the dispute as well as the issue as to whether the appellant is likely to flee from justice if he were to be permitted to travel to the US, we find, on the basis of the previous record of the appellant, that there is no reason or justification to deny him the permission which has been sought to travel to the US for eight weeks.

Pendency of departmental proceedings cannot be a ground to prevent appellant from travelling abroad

May 2, 2023 810 Views 0 comment Print

Satish Chandra Verma Vs Union of India (Supreme Court of India) In the instant case, the appellant who is a member of the All India Services has paid leave to his credit and has applied to go to U.S.A. and France to visit members of his family who are residing there. On an earlier occasion […]

SC quashes condition of deposit for granting bail

May 2, 2023 870 Views 0 comment Print

Supreme Court decision in Anatbhai Shah Vs State of Gujarat. Condition to deposit Rs.2 crores set aside. Learn about the ruling’s impact.

Foreign Travel not covered u/s. 10(5) hence TDS deductible on same u/s 192(1)

May 2, 2023 8394 Views 0 comment Print

Supreme Court held that travel with a foreign leg is not covered under the provisions of section 10(5) of the Income Tax Act. Accordingly, TDS deductible on the same under section 192(1) of the Income Tax Act.

Exemption of IGST & GST Compensation Cess on import of inputs against Advance Authorization – SC reversed Guj HC Decision & allowed Revenue Appeal

April 29, 2023 6357 Views 0 comment Print

Supreme Court has reversed the decision of Guj HC Decision & allowed the Revenue Appeal GST/Customs – Section 3(7) and Section (9) of the Customs Tariff Act, 1975 – Exemption of IGST and GST Compensation Cess on import of inputs against Advance Authorization – Revenue appeal against Gujarat High Court judgment wherein mandatory fulfilment of a ‘pre-import condition’ incorporated in the Foreign Trade Policy of 2015-2020 and Handbook of Procedures 2015-2020 by Notification No. 33/2015-20 and Notification No. 79/2017-Customs, dated 13.10.2017 was held to be arbitrary and unreasonable

Case analysis: M/s Pahwa Plastics Pvt. Ltd and Anr Vs Dastak NGO and Anr

April 29, 2023 4128 Views 1 comment Print

Any actions that could endanger the natural ecosystem and the life, health, and safety of all living things are prohibited by environmental law.

Section 271C penalty cannot be levied for mere delayed payment of TDS  

April 28, 2023 2169 Views 0 comment Print

No penalty is envisaged under Section 271C of the Income Tax Act for non-­deduction and for belated remittance /payment/deposit of the TDS.

ALP determined by ITAT can be challenged before HC for perversity & non observance of TP rules: SC

April 28, 2023 1239 Views 0 comment Print

Tribunal Decision determining ALP can be challenged on grounds of perversity & non observance of transfer pricing rules in individual cases

GST: SC set aside HC order imposing condition of pre-deposit while granting bail

April 27, 2023 1740 Views 0 comment Print

SC set aside the order passed by the High Court imposing a condition of deposit while granting bail to the appellant therein.

Expenditure for any purpose which is an offence or which is prohibited by law is not deductible: SC

April 25, 2023 4812 Views 0 comment Print

As a consequence, any loss incurred by way of an expenditure by an assessee for any purpose which is an offence or which is prohibited by law is not deductible in terms of Explanation 1 to Section 37 of the Act.

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