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Judiciary

VAT tax liability based on Form F containing forged signature of deceased petitioner not tenable

January 20, 2025 477 Views 0 comment Print

Madras High Court held that VAT tax liability imposed on deceased petitioner and his wife based on Form F containing forged signature of deceased petitioner and his wife is liable to be set aside. Accordingly, petition allowed.

NCLT cannot exercise jurisdiction over matters dehors insolvency proceedings: NCLAT Delhi

January 20, 2025 999 Views 0 comment Print

Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.

Conversion of Debt to Equity Meets Section 43B Payment Criteria: Telangana HC

January 20, 2025 1464 Views 0 comment Print

Telangana HC’s ruling in Frontier Information Tech clarifies debt-to-equity conversion as “actual payment” under Section 43B of the Income Tax Act.

Penalty u/s. 10(d) of CST Act without mens rea untenable: Allahabad HC

January 20, 2025 612 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 10(d) of the Central Sales Tax Act [CST Act] in absence of mens rea is untenable in law. Accordingly, order of penalty is liable to be quashed.

Passing attachment order inspite of pending appeal not justified: Madras HC

January 20, 2025 765 Views 0 comment Print

Madras High Court held that passing of attachment order and debit for amount of arrears inspite of pending appeal is not justified. Accordingly, departmental officer directed to refund the amount.

CIT(A) Should Adjudicate Grounds Raised in Ex-Parte Order: ITAT Kolkata

January 20, 2025 1230 Views 0 comment Print

ITAT Kolkata addresses procedural lapses in Suryadeo Prasad Vs. ITO, highlighting the need for a speaking order and adherence to Section 250(6) of the Income Tax Act.

Disqualification of village panchayat member due to non-payment of grampanchayat taxes not justified

January 20, 2025 1353 Views 0 comment Print

Bombay High Court held that disqualification of village panchayat member under section 41(1)(h) of the Maharashtra Village Panchayats Act merely because of non-payment of Grampanchayat taxes not justified.

Pre-June, 2019 Duty Quantification Validates SVLDR Application: Bombay HC

January 20, 2025 435 Views 0 comment Print

Bombay HC upholds SVLDR Scheme eligibility for duty quantified before June 30, 2019, despite post-deadline notice issuance in Bramhanand Kanojia case.

Service by subsidiary to parent in independent capacity not ‘intermediary service’: Gujarat HC

January 20, 2025 1155 Views 0 comment Print

Gujarat High Court held that service provided by the subsidiary company to its parent company in independent capacity doesn’t fall within the category of ‘intermediary service’ under section 2(13) of Integrated Goods and Services Tax Act, 2017 [IGST Act].

Mandatory twin Conditions to be satisfied u/s 127 for transferring assessee’s case from one officer to another

January 20, 2025 1368 Views 0 comment Print

Assessee was justified in objecting to jurisdiction of AO and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.

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