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Judiciary

IRP not a Public Servant: HC quashed CBI FIR u/s 7 of Prevention of Corruption Act

December 27, 2023 471 Views 0 comment Print

Assessee was approached by Financial Creditor of FR Tech Innovations Private Limited (CD) for proposing the name of assessee as IRP in the company petition to be filed by the Financial Creditor under Section 7 of IBC, 2016 in the NCLT, Mumbai Bench by the FR Tech Innovations Private Limited.

Invalidity of Section 271(1)(c) Notice Without Specific Ground Specification

December 27, 2023 813 Views 0 comment Print

Explore the Karnataka High Court’s ruling on penalty notices under Income Tax Act in CIT vs SSA’s Emerald Meadows. Learn about specificity requirements and key findings.

Judicial Interpretation of Section 44 in Context of Insurance Business: Case Analysis

December 27, 2023 609 Views 0 comment Print

Delhi High Court’s ruling in Pr. CIT vs Sahara India Life Insurance Co. clarifies Section 44, emphasizes specificity in penalty notices under Section 271(1)(c).

No power to CIT in extending timeframe as AO was in seisin of assessment proceedings

December 27, 2023 570 Views 0 comment Print

Since the legislature vested the discretion to extend the timeframe solely in the AO, he could not have abdicated that function and confined his role to only making a recommendation to the CIT. CIT had no role in extending the timeframe as the AO was in seisin of the assessment proceedings.

Bombay HC directs customs authorities to issue detention charges waiver certificate

December 27, 2023 1284 Views 0 comment Print

Explore Bombay High Court’s landmark ruling favoring Sinochem India against the Union of India. Analysis of chemical import dispute, court observations, and implications.

Angel Tax Case: ITAT Mumbai Validates Valuation Report by Certified Valuers

December 27, 2023 738 Views 0 comment Print

Recent Mumbai Tribunal ruling reaffirms the legitimacy of fair market valuation in Angel Tax cases. Detailed analysis of PNP Maritime Services Pvt. Ltd. vs. DCIT case.

Independent Contractors Not Employees under Employee’s Compensation Act, 1923: HC

December 27, 2023 1428 Views 0 comment Print

Explore the Kerala High Court ruling in Latha vs. T V Sahadevan case, stating that independent contractors are not considered employees under the Employee’s Compensation Act, 1923 (ECA). Understand the implications and distinctions between contractors and employees.

Delhi HC allows Belated GST Refund Application filing due to Technical Glitches

December 27, 2023 765 Views 0 comment Print

Delhi High Court’s decision in Sethi Sons (India) vs Asst. Commissioner, allowing belated refund applications due to technical glitches. Analysis of the case and its implications.

Madras HC Directs Swift Disposal of Appeal in Annamalai Bus Transports P Ltd. Case

December 26, 2023 459 Views 0 comment Print

Madras High Court, in the case of Annamalai Bus Transports P Ltd. vs PCIT, has directed the CIT (Appeals) to expedite the appeal filed by the assessee within 60 days. The court noted procedural irregularities and the violation of principles of natural justice in the penalty proceedings, emphasizing the absence of cash transactions.

HC directs Appellate Authority to review appeal without pre-deposit

December 26, 2023 807 Views 0 comment Print

Madras High Court, in the case of Anamallais Bus Transports P Ltd vs. PCIT, has prima facie set aside penalty proceedings under Section 271-E of the Income Tax Act. This article explores the court’s view, emphasizing no cash transactions and directing the Appellate Authority to review the appeal without pre-deposit.

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