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Ex-parte order passed without affording adequate opportunity of being heard untenable: Madras HC

December 11, 2024 78 Views 0 comment Print

Madras High Court held that ex-parte order passed under Section 73 of the Central Goods and Services Tax Act without affording adequate opportunity of being heard is in violation of principles of natural justice. Accordingly, order set aside.

Notice issued u/s. 41-A for non-payment of stamp duty lacks jurisdiction: Andhra Pradesh HC

December 11, 2024 36 Views 0 comment Print

Andhra Pradesh High Court held that notice issued under section 41-A of the Indian Stamp Duty Act, 1899 for non-payment of stamp duty on unregistered document is without jurisdiction. Accordingly, appeal allowed.

Charges of clandestine removal of goods cannot be sustained based on sketchy evidences: Delhi HC

December 11, 2024 39 Views 0 comment Print

Delhi High Court held that duty demand alleging clandestine manufacture and removal of goods cannot be sustained in absence of any tangible evidence. Such charges cannot be sustained based on sketchy evidence.

Application u/s. 9 of IBC rejected as performance pay cannot be taken as operational debt: NCLAT Chennai

December 11, 2024 33 Views 0 comment Print

NCLAT Chennai held that claim raised by operational creditor towards performance pay cannot be taken as operational debt hence application proceedings under section 9 of the Insolvency Bankruptcy Code (IBC) for drawing CIRP proceedings not tenable.

Application u/s. 43 by Liquidator based on Transaction Audit Report tenable: NCLAT Delhi

December 11, 2024 30 Views 0 comment Print

NCLAT Delhi held that application filed under section 43 of the IBC by Liquidator on the basis of Transaction Audit Report for avoidance of preferential transactions tenable in law. Accordingly, appeal dismissed.

Supreme Court dismissed the SLP on grounds of delayed filing

December 11, 2024 87 Views 0 comment Print

Supreme Court dismissed the SLP filed by the Revenue Department, upholding Delhi High Court’s judgment on CENVAT credit refund to BT India.

Addition u/s. 41(1) not justified in absence of evidence of cessation of liability: Delhi HC

December 11, 2024 87 Views 0 comment Print

Delhi High Court held that there was no evidence of cessation of liability thus addition under section 41(1) of the Income Tax Act not justifiable. Accordingly, appeal filed by the revenue dismissed.

Disallowance of deduction u/s. 80IB(10) deleted following decision of High Court and Supreme Court

December 11, 2024 249 Views 0 comment Print

ITAT Ahmedabad held that disallowance of deduction claimed under section 80IB(10) of the Income Tax Act rightly deleted as delay in BU was due to dispute of jurisdiction between AMC and AUDA. Accordingly, following judgement of Jurisdictional HC and SC disallowance rightly deleted.

TDS not deductible on interest paid on loan from group entities: ITAT Mumbai

December 11, 2024 1266 Views 0 comment Print

ITAT Mumbai held that interest paid on loan from group entities are in the nature of reimbursement and therefore not liable for deduction of TDS. Therefore, addition made by AO is directed to be deleted.

Requirement of separate notification for cross-empowerment u/s. 6(1) of CGST Act referred to division bench

December 10, 2024 255 Views 0 comment Print

Kerala High Court held that the issue relating requirement of separate notification as contemplated by the provisions of section 6(1) of the CGST Act for cross-empowerment requires an authoritative pronouncement by a Division Bench of this Court.

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