section 66 judiciary-2

Software Development Services Exempt from Service Tax: 01.10.2002 to 12.03.2004

Yamaha Motor Solutions India Pvt Ltd Vs CCE & ST (CESTAT Chandigarh)

CESTAT Chandigarh ruled that advisory support service relating to software falls under the purview of service by software engineers, exempt from service tax. Details here....

Application claiming reliefs by successful bidder must be in consonance with process document

Sauria Construction Vs Kohinoor Pulp & Paper Private Limited (NCLT Kolkata)

NCLT Kolkata held that successful bidder of the Corporate Debtor is allowed to file application before Adjudicating Authority claiming reliefs and concessions, however, such reliefs and concessions cannot be too elaborate and general and must be in consonance with process document in the liquidation proceedings....

Posted Under: Service Tax | |

Settlement in IBC Section 7 Proceedings Does Not Conclude Section 43 Actions: NCLT

Black Rock Financial Services Private Limited Vs Piramal Capital & Housing Finance Limited (NCLT Mumbai)

NCLT Mumbai clarifies in Black Rock Financial Services vs Piramal Capital case: Settlement or dropping Sec. 66 doesn't end proceedings under Sec. 43 automatically....

Posted Under: Service Tax | |

Delhi HC Orders Release of Seized Property as ED Investigation Exceeds 365 Days Without Proceedings

Mahender Kumar Khandelwal Vs Directorate of Enforcement & Anr. (Delhi High Court)

Delhi High Court held that investigation for a period beyond 365 days not resulting in any proceedings relating to any offence under the Act, in terms of Section 8(3) of the PMLA Act, is that such seizure lapses. Thus, property so seized directed to be released....

Resolution plan meeting requirements of section 30(2) of IBC approved: NCLT Mumbai

S. Gopalakrishnan Vs Satish Damodar Akole &

NCLT Mumbai held that resolution plan of Saturn Rings and Forgings Private Limited submitted by S. Gopalkrishnan meeting the requirements of Section 30(2) of the Insolvency and Bankruptcy Code (IBC) and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations is approved....

Posted Under: Service Tax | |

Resolution Plan Approved: Compliant with IBC Section 30(2) and Regulations 37, 38, 38(1A), 39(4), No Violation of Sec 29A

Kedar Parshuram Mulye Vs Navdurga Advisory Private Limited (NCLT Mumbai)

Resolution Plan meet the requirements of Section 30(2) of the Code and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations. The Resolution Plan was not in contravention of any of the provisions of Section 29A of the Code and was in accordance with law. The same need to be approved....

Posted Under: Service Tax | |

IRP not a Public Servant: HC quashed CBI FIR u/s 7 of Prevention of Corruption Act

Arun Mohan Vs Central Bureau Of Investigation (Delhi High Court)

Assessee was approached by Financial Creditor of FR Tech Innovations Private Limited (CD) for proposing the name of assessee as IRP in the company petition to be filed by the Financial Creditor under Section 7 of IBC, 2016 in the NCLT, Mumbai Bench by the FR Tech Innovations Private Limited....

Sole Proprietorship & Company Merger/Amalgamation is Prohibited

SVS Marketing Sanitaryware Private Limited (NCLT Delhi)

NCLT Delhi held that an amalgamation of a Sole Proprietorship Firm with a Company is not permissible under the law. Thus, Merger and Amalgamation of sole proprietorship firm and company is not possible u/s 232 of Companies Act, 2013....

Posted Under: Service Tax | |

Separate Invoicing for Tubes and Flaps Doesn’t Affect Cenvat Credit

Goodyear India Ltd. Vs Commissioner of Central Excise (CESTAT Chandigarh)

Cenvat Credit on Input or Capital Goods could not be denied merely for showing tubes and flaps separately in invoices. Moreover, tubes and flaps were used in the manufacture of the tyres and as such qualify to be “inputs” given the definition given under Rule 2(k) of CCR, 2004....

TDS from Own Account not excludible from Gross Taxable Value

FCI OEN Connectors Ltd Vs Commissioner of Central Tax (CESTAT Bangalore)

CESTAT Bangalore held that TDS amount paid to the Government by the appellant from his own account not to be included in the gross taxable value. Accordingly, service tax not leviable on the same....

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