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Judiciary

Invalid Reassessment: Borrowed Satisfaction, Complete Disclosure & Change of Opinion

January 13, 2024 1560 Views 0 comment Print

Reassessment invalid for borrowed satisfaction, reasons to believe not adverting to the failure on the part of the petitioner to disclose truly and fairly all material facts, and also the change of opinion.

Income Tax Notice Invalid if not mailed on Registered Email ID: Karnataka HC

January 13, 2024 5685 Views 0 comment Print

Karnataka High Court invalidates income tax assessment order citing incorrect email notices. Details of Sterling Urban Ventures Pvt Ltd Vs Assessment Unit case.

Draft Assessment Order not issued: HC Quashed final Assessment Order 

January 13, 2024 4692 Views 1 comment Print

Final Assessment Order lacked jurisdiction, as it was issued without providing the petitioner with a draft Assessment Order under Section 144B(1)(xvi).

ITAT Allows section 54 Deduction for property registered in spouse’s name

January 13, 2024 13455 Views 0 comment Print

ITAT Delhi rules in favor of taxpayer Simran Bagga, allowing deduction under section 54 for property registered in spouse’s name. Full text and analysis here.

Purchasers responsible to verify GST registration of seller on GST Portal: SC

January 12, 2024 18477 Views 0 comment Print

Explore the Deputy Assistant Commissioner vs. Arhaan Ferrous case. Learn about buyer’s responsibility in verifying GST registration on GST portal. Detailed analysis and Supreme Court verdict.

Resolution Plan Approved: Compliant with IBC Section 30(2) and Regulations 37, 38, 38(1A), 39(4), No Violation of Sec 29A

January 12, 2024 540 Views 0 comment Print

Resolution Plan meet the requirements of Section 30(2) of the Code and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations. The Resolution Plan was not in contravention of any of the provisions of Section 29A of the Code and was in accordance with law. The same need to be approved.

Punjab State Power Corp’s Revised Form-H Approved Amid Original Form Discrepancy & RP’s Medical Emergency

January 12, 2024 387 Views 0 comment Print

Post approval of the resolution plan, any pending avoidance applications should be continued by the Assenting Financial Creditors or the erstwhile Resolution Professional as provided under Clause of the plan. The moratorium under Section 14 of the Code should cease to have effect from this date. Applicant should forthwith send a copy of this order to the CoC and the Resolution Applicant.

Allahabad HC Fines State ₹25,000 for Counsel’s Unpreparedness & for wasting 10 valuable minutes of Court

January 12, 2024 3006 Views 0 comment Print

Allahabad High Court expressed displeasure over unpreparedness of standing counsel representing state government. Ccase involved Ram Verma v. State of U.P., and took note of standing counsel’s lack of preparation after around 10 minutes of argument.

Calcutta HC stays GST Proceedings for Government Contractor Pending Final Govt. Decision

January 12, 2024 954 Views 0 comment Print

Calcutta High Court stays GST proceedings against a government contractor, Sanjib Singha Roy, until a final decision is made by the Additional Chief Secretary, Govt. W.B.

Retrospective Registration Cancellation Requires Prior Notice & Reasons: Delhi HC

January 12, 2024 684 Views 0 comment Print

Delhi HC modifies retrospective GST cancellation in Shree Shyam Metals case. Relief granted, aligns with business closure. Key observations and decision.

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