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Person discharging managerial functions cannot be treated as a workman: Karnataka HC

January 6, 2025 843 Views 0 comment Print

Karnataka HC rules on employee’s status as workman under ID Act in Mphasis case, setting aside Labour Court order for reinstatement.

Non-proper Officer could not make GST Investigation, Search, Seizure and Arrest on Tax Evasion on borrowed satisfaction

January 6, 2025 1689 Views 0 comment Print

They argued that, based on this ruling, despite the investigation, search, and seizure being conducted by an improper officer, the evidence could still be used, and the show cause notice issued by a proper officer should not be set aside.

No additions could be made merely on basis of statement u/s 132(4) without incriminating evidence

January 6, 2025 2619 Views 0 comment Print

Assessee could not have been subjected to additions in case of search/survey operations merely on basis of statement recorded under section 132(4) unless and until some corroborative evidence was found in support of such admission.

Bombay HC upholds reinstatement with 50% back wages for terminated worker

January 6, 2025 1365 Views 0 comment Print

Bombay High Court upholds reinstatement with 50% back wages for terminated worker, ruling on employer-employee relationship and labor court jurisdiction.

No assessment u/s 153C as satisfaction note was not recorded for relevant search assessment years

January 6, 2025 726 Views 0 comment Print

The company contended that the satisfaction note required to initiate the assessment under section 153C was recorded by AO only on January 18, 2021, making the search year AY 2021-22.

Individual Workmen Cannot Seek Regularization Without Union Support

January 6, 2025 1089 Views 0 comment Print

Karnataka HC rules on individual workman’s dispute for regularization under Industrial Disputes Act. Tata Advanced System Ltd. challenges order of reference.

No revision u/s 263 on the basis of “Borrowed Satisfaction”

January 6, 2025 513 Views 0 comment Print

In response to the notice under Section 263, assessee argued that the issue had already been examined during reassessment proceedings and that the AO had taken a plausible legal view.

Refund for unutilized ITC was not allowed except in specific circumstances u/s 54 of CGST

January 6, 2025 804 Views 0 comment Print

The blocking and unblocking of ITC by the SGST authorities between 20.03.2021 and 07.07.2021 were not subject matter of any litigation where the issue of legality or correctness of such blocking was determined.

GST AAAR Ruling on Leasing Electric Vehicles Without Operator

January 5, 2025 2040 Views 0 comment Print

The AAAR Odisha rules that leasing electric vehicles (E-Bikes) without operators falls under financial leasing services under GST, taxed similarly to goods transfer.

AAAR Ruling on GST on Bakery Products and Services by Pioneer Bakers

January 5, 2025 3135 Views 0 comment Print

GST AAAR Odisha clarifies tax applicability on Pioneer Bakers’ supply of cakes, bakery items, and related services, including composite supply classification.

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