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Judiciary

Final assessment order invalid as AO failed to pass draft assessment order as required u/s 144C(1): ITAT Delhi

March 15, 2024 1071 Views 0 comment Print

ITAT Delhi held that assessee qualifying as an eligible assessee, AO is mandatory required to first pass a draft assessment order as per section 144C(1) of the Income Tax Act. Passing of assessment order without following the mandatory requirement results in invalidation of final assessment order.

Granting statutory approval u/s. 153D without application of mind invalids entire search proceeding: ITAT Delhi

March 15, 2024 555 Views 0 comment Print

ITAT Delhi held that statutory approval given by a quasi judicial authority (here, JCIT) without due application of mind as contemplated in section 153D of the Income Tax Act would be fatal to the entire search assessment proceedings.

Alleged Cartelization in Tender: CCI Dismisses Case Due to Lack of Evidence

March 15, 2024 261 Views 0 comment Print

Manohar Rawat’s case against Laerdal Medical Private Limited for alleged cartelization in a tender gets dismissed by the Competition Commission of India due to lack of evidence.

Builder’s Non-handover of Maintenance Services to Owners Association: Not a Competition Act Violation

March 15, 2024 774 Views 0 comment Print

Dive into the Rekha Oberoi vs MGF Development Ltd. case analyzed by the Competition Commission of India. Learn about alleged contraventions, market dynamics, and conclusions.

SC ruling on transfer of tribal land to non-tribals without prior sanction from authorities

March 15, 2024 2892 Views 0 comment Print

Delve into the Supreme Courts judgment on land transfer disputes between tribes and non-tribes in Babasaheb Dhondiba Kute Vs Radhu Vithoba Barde case, clarifying Section 36A of Maharashtra Land Revenue Code.

Application under Section 12A: CoC’s Discretion to Evaluate Settlement Proposal

March 14, 2024 423 Views 0 comment Print

In Shaji Purushothaman vs. Union Bank of India, the CoC can evaluate an applicant’s settlement proposal under Section 12A against the approved resolution plan.

Resolution applicant not allowed to withdraw/Alter Resolution Plan after approval by CoC

March 14, 2024 288 Views 0 comment Print

Learn about a case where a resolution plan approval by CoC binds stakeholders, rejecting an ex-promoter’s attempt to propose a settlement after approval.

NCLAT Sets Aside NCLT Order Allowing Suspended Director to Pursue Settlement Amid Plan Approval Proceedings

March 14, 2024 264 Views 0 comment Print

Read a detailed analysis of the NCLAT judgment in Nehru Place Hotels And Real Estates Private Limited Vs Sanjeev Mahajan. Learn about the resolution plan approval and settlement proposal rejection.

No Section 271FA penalty for delay in filing SFT return for genuine reasons

March 14, 2024 828 Views 0 comment Print

Explore the detailed analysis of the penalty imposed on Jhalawar Kendriya Sahakari Bank Ltd. by ITAT Jaipur in the case against ADIT (I&CI) for the assessment year 2019-20.

Amount considered as undisclosed income cannot be considered  loan to attract provisions of section 271D 

March 14, 2024 792 Views 0 comment Print

Explore the case of K.S. Chawla & Sons (HUF) Vs JCIT, where ITAT Delhi delves into penalty proceedings under section 271D of the Income-tax Act, 1961, with detailed analysis & conclusions.

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