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Judiciary

Explanation u/s 14(1)(d) of IBC doesn’t apply to lease premium amount and lease rent

March 24, 2023 3684 Views 0 comment Print

NCLAT Delhi held that explanation under section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC) doesn’t apply to lease premium amount and lease rent.

Writ entertained by Sikkim HC for GST levied by Goa Govt is unjustifiable

March 24, 2023 570 Views 0 comment Print

SC held that writ petition entertained by Sikkim HC for tax levied by Government of Goa, merely because petitioning company has its office in Gangtok, Sikkim, is unjustifiable and lacks jurisdiction.

Substantive GST liability falls on supplier and protective liability upon Purchaser

March 24, 2023 3006 Views 0 comment Print

While GST Department may reverse credit in the hands of purchaser, this has to be a protective move, to be reversed and credit restored if liability is made good by supplier. Thus, substantive liability falls on supplier and protective liability upon purchaser.

Service Tax Audit report cannot be regarded as an order of determination

March 24, 2023 927 Views 0 comment Print

CESTAT Delhi held that an audit report cannot be regarded as an order of determination under Voluntary Compliance Encouragement Scheme. Accordingly, audit report is akin to an order of determination under the relevant sections of the Scheme.

Individual resident of 60 years or more not having business income is not required to pay advance tax

March 24, 2023 1122 Views 0 comment Print

ITAT Delhi held that as per provisions of section 207 of the Income Tax Act, an individual resident of 60 years or more and not having income chargeable under the head ‘profit and gains’ of business or profession is not required to pay the advance tax.

GST on Export of Pre-Packaged Rice: AAR Ruling

March 24, 2023 2313 Views 0 comment Print

Read advance ruling by GST AAR Chhattisgarh on leviability of GST on export of pre-packaged and labelled rice up to 25kgs. Understand applicable tax rates, legal provisions, and conditions for exports. Get clarity on GST rates for foreign buyers, bill to ship to basis, and supply to exporter’s factory.

Addition to be made for unexplained cash found during search proceedings

March 24, 2023 2382 Views 0 comment Print

ITAT upheld additions towards cash seized during search proceedings as unexplained money, under Section 69A when assessee could not establish source for amount found.

A person having direct or indirect interest in business is related person for Central Excise valuation provisions: SC

March 23, 2023 1155 Views 0 comment Print

Who can be said to be related person u/s 4(4)(c) of Central Excise Act, 1944 to enable authorities to discard transaction value & arrive at a valuation otherwise?

Residuary jurisdiction of NCLT under section 60(5)(c) of I&B Code is limited

March 23, 2023 834 Views 0 comment Print

NCLT Ahmedabad held that residuary jurisdiction of National Company Law Tribunal under section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016 is limited. Accordingly, application rejected.

House gifted to father ‘Colorable device’; Denies Section 54F benefit rightly

March 23, 2023 3195 Views 0 comment Print

Hyderabad ITAT held that gift of house to father just prior to sale of land was a camouflage to claim Section 54F deduction as Assessee owned two house properties

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