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Judiciary

Case of medical negligence as ‘Egg Shell Skull’ Rule could be apply only when patient had pre-existing conditions

May 3, 2024 354 Views 0 comment Print

Compensation by its very nature, had to be just. For suffering, no part of which was the claimant-appellant’s own fault, she had been awarded a sum which could, at best, be described as ‘paltry’. In regard to the application of the Eggshell-Skull Rule, the impugned judgment was silent as to how this rule applied to the present case.

Appellate Authority can condone delay in Filing GST Appeal beyond limitation period: Calcutta HC

May 3, 2024 1410 Views 0 comment Print

Mukul Islam Vs Assistant Commissioner of Revenue (Calcutta High Court) The Calcutta High Court recently delivered a judgment in the case of Mukul Islam versus Assistant Commissioner of Revenue, pertaining to a writ petition challenging the refusal to condone delay in maintaining an appeal under Section 107 of the West Bengal Goods and Services Tax […]

Employer’s Voluntary Ex-gratia Compensation not taxable U/s. 17(3)(i): ITAT Delhi

May 3, 2024 3984 Views 0 comment Print

ITO Vs Avirook Sen (ITAT Delhi) The case of ITO Vs Avirook Sen (ITAT Delhi) revolves around the taxation of voluntary ex-gratia compensation paid by an employer to an employee after termination from service. The Revenue contested the deletion of an addition of Rs. 2,13,08,444/- by the CIT(A). The crux of the dispute lies in […]

No record of service of notice or order: Bombay HC set aside GST Refund rejection order

May 2, 2024 453 Views 0 comment Print

Discover the Bombay High Court’s ruling in the case of Netcore Solutions Pvt. Ltd. vs. Union of India & Ors., where the rejection order of a refund claim was set aside due to procedural irregularities.

No section 68 addition for Share Capital Subscription if assessee submits evidence for source of funds

May 2, 2024 726 Views 0 comment Print

In DCIT vs. CDS Infra Projects Limited, ITAT Delhi ruled no addition under section 68 of Income Tax Act if proper evidence for source of share capital subscription is submitted.

No Section 54 Deduction Without basic Amenities: ITAT Delhi

May 2, 2024 2712 Views 0 comment Print

Analysis of ITAT Delhi’s ruling in DCIT vs. Sandeep Hooda clarifies conditions for Income Tax Act 1961 Section 54 deduction eligibility in absence of basic amenities.

GST Refund Application Can’t Be Rejected Based Solely on Inverted Turnover Discrepancies

May 2, 2024 450 Views 0 comment Print

Read about Madras High Court ruling in Sri Krishna Textile Mills vs. Assistant Commissioner, highlighting rejection of refund on inverted turnover mismatch with GST returns.

No Obligation to Access GST Portal for E-Mode Notices: HC Sets Aside Order

May 2, 2024 897 Views 0 comment Print

Allahabad High Court sets aside order as petitioner wasn’t required to check GST portal for notices. Read the detailed analysis of Chemsilk Commerce Pvt Ltd Vs State of U.P. case.

AO Can’t reject Assessee’s Valuation Method without Finding Defect

May 2, 2024 504 Views 0 comment Print

Discover ITAT Kolkata ruling in Deep Jyoti Wax Traders Pvt. Ltd vs. ITO, highlighting the importance of assessee chosen valuation method under Rule 11UA(2).

CENVAT Credit Eligibility: Steel used in Fabrication of plant and machinery

May 2, 2024 342 Views 0 comment Print

Dive into the CESTAT Kolkata ruling on CENVAT credit dispute between Commissioner of Central Excise and Viraj Steel regarding steel items usage.

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