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Judiciary

SC set aside NCLAT order in the matter of Jaypee Infratech Vs Axis Bank

February 29, 2020 3645 Views 0 comment Print

Supreme Court judgment on avoidance of transactions under Insolvency Code. Key rulings on sections 43, 45, and 66. Anuj Jain vs Axis Bank. Legal insights.

Hardcastle Restaurants- SC Transfers all Writ Petitions to Delhi HC related to Anti Profiteering

February 29, 2020 1518 Views 0 comment Print

In the given case, a batch of writ petitions are pending before the High Courts of Delhi, Bombay and Punjab and Haryana in which the constitutional validity of Section 171 of the Central Goods and Services Tax Act 2017 read with Rule 126 of the Central Goods and Services Tax Rules 2017 and other cognate provisions, is under challenge. 

No Penalty for TDS Default due to reasonable cause on Foreign LTC Paid to Staff

February 28, 2020 1545 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Bangalore) The assessee is a banking institution. A survey u/s 133A of the Act was conducted in the hands of the assessee in order to verify compliance of TDS provisions. It was noticed that the assessee has provided LTC facility to its employees and some of the employees […]

Assessment proceedings cannot be conducted against HUF after partition

February 28, 2020 1260 Views 0 comment Print

The issue raised by the assessee that the HUF was not in existence when the assessment proceedings have been conducted and the Assessment Order has been passed on HUF and therefore, the entire proceedings are rendered null and void and it should be held that the Assessment Order is bad in law on the facts and circumstances of the present case.

NCLAT cannot enter into commercial wisdom of COC & disturb business decision

February 28, 2020 2913 Views 0 comment Print

Pacific World Shipping PTE Ltd. Vs Dadi Impex Pvt. Ltd. (NCLAT) The main grievance of the Appellant is that the Operational Creditors have been given only token 2% of their claims admitted while the Financial Creditors are given 100% of their claims. The learned Counsel for the Bank has then relied on Regulation 37 of […]

No Section 68 Addition for issue of Shares on Premium in lieu of shares

February 28, 2020 2436 Views 0 comment Print

The sole issue involved in this appeal of assessee is against the action of Ld. CIT(A) in confirming the addition of Rs.5,01,00,000/- made by AO u/s. 68 of the Income-tax Act, 1961 (hereinafter referred to as the Act) on account of bogus share capital including share premium

Section 194C TDS not applicable on terminal handling charges

February 28, 2020 84702 Views 0 comment Print

As per the circular no. 723 dated 19.09.1995 states that where the provisions of Section 172 are to apply, the provisions of Section 194C and 195 relating to tax deduction at source are not applicable.

HC denies Bail to CA in alleged fake GST invoice case

February 28, 2020 1488 Views 0 comment Print

Arvind Kumar Munka Vs Union of India (Calcutta High Court) The petitioner as I have been found in the earlier order that he is a Chartered Accountant by profession and with the similar contention he has averred that he is no way connected with the instant case. The petitioner has been arraigned as an accused […]

Penalty cannot be imposed for mere Section 12A registration cancellation

February 28, 2020 1971 Views 0 comment Print

TAT see no reason to uphold the levy of penalty in the present case U/s 271(1)(c) of the Act, since the basis for levy of penalty, being cancellation of registration granted to the assessee U/s 12A of the Act and as a consequence treating its surplus and corpus donation as not exempt but taxable under the Act, has been quashed by the ITAT.

Mere renting of space cannot be said to be service for storage or warehousing of goods

February 28, 2020 4233 Views 0 comment Print

In re M/s Karnataka Food & Civil Supplies Corporation (GST AAAR Karnataka) CWC is only providing the 488 sq metres of space in the central warehouse for rent. The space has been taken on rent by the Appellant for storing the food grains. The activity which is under consideration here is the activity performed by […]

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