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Judiciary

Liability for dishonour of cheque also on borrower/ taker receiving cash loan beyond specified limit u/s 269SS

January 1, 2024 1749 Views 0 comment Print

No person should accept any loan or deposit of a sum of Rs.20,000/- or more otherwise than by an account payee cheque or account payee bank draft. Where a person advance cash more than Rs.20,000/- to another person, restriction on cash advances was, in fact, on the taker and not on the person who made an advance.

Reference to SARFAESI Act in Agreements does not Bar Arbitration: Bombay HC

January 1, 2024 885 Views 0 comment Print

The respondents contended that the petitioner, being a financial institution under the SARFAESI Act, should exclusively resort to the statutory remedies provided by the Act, and arbitration should not be permissible. This article explores the court’s reasoning and its impact on the dispute resolution landscape.

Proceedings during moratorium should involve Official Liquidator: Kerala HC

December 31, 2023 927 Views 0 comment Print

Explore the Kerala High Court judgment in Platino Classic Motors vs Deputy Commissioner. Learn how the court directs a decision on unpaid service tax and central excise dues after hearing the Official Liquidator.

Service tax payment delay due to delay in receipt of payment: Karnataka HC Directs CA Firm to Settle with Rs.2,50,000 Payment

December 31, 2023 4455 Views 0 comment Print

Explore the Karnataka High Court’s resolution in V.K. Niranjan And Co. vs. Commissioner of Service Tax, emphasizing the court’s pragmatic approach to settle service tax disputes, involving a review petition challenging penalty imposition.

Investment in Partnership Business or Joint Venture Excluded from Definition of Financial Debt

December 31, 2023 1053 Views 0 comment Print

Dive into the legal battle of Chiragsala Sales vs. Vaishno Devi Traders at NCLT Guwahati. Explore the complex issue of financial debt, investment, and the implications under sec. 7 of the Code.

Section 68: Cash Receipts from Jewelry Sales Not Unexplained Cash Credits 

December 31, 2023 2208 Views 0 comment Print

ITAT Chennai rules in favor of Sahana Jewellery Exports Pvt. Ltd. against ITO, highlighting the importance of evidence and legal interpretation in cases of cash deposits during demonetization, underlining the principles of assessing unexplained cash credits.

Interest on delayed TDS payment is not an allowable business deduction

December 31, 2023 3144 Views 0 comment Print

Explore the Expat Engineering India Ltd. vs ACIT case regarding interest on late TDS payment. Understand the arguments, tribunal decision, and implications

Petitioner cannot repeatedly ask for time in response to successive show cause notices

December 31, 2023 546 Views 0 comment Print

Explore the Kerala High Court judgment in Shaju Pachelil Pathrose vs ACIT. The court upholds an income tax assessment order, citing denial of repeated time requests by the assessee in response to show cause notices.

Action cannot be initiated against custom broker based on vague hypothesis & presumptions

December 31, 2023 426 Views 0 comment Print

Read the detailed analysis of JKG Infralogistics Pvt. Ltd. vs. Commissioner of Customs case. CESTAT Kolkata sets aside penalties, citing lack of evidence for Customs Broker violations.

Customs Duty: Section 114A Prescribes Penalty Equivalent to Duty or Interest, as Applicable

December 31, 2023 1110 Views 0 comment Print

CESTAT Bangalore ruling in IBM’s favor: Penalty under Customs Act (Section 114A) equals duty, not duty and interest. Detailed analysis of the case.

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