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Judiciary

Section 274 Penalty Notice invalid if Specific Fault/Charge Not Conveyed

September 3, 2023 1263 Views 0 comment Print

ITAT Mumbai ruling in DCIT Vs Sai Sugam Enterprises. declares penalty notices under section 274 as invalid if not specifying charge against assessee.

Investigation Report under S. 212(13) of Companies Act can only be provided to Concerned Person

September 3, 2023 1260 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that the investigation report cannot be obtained under Section 212(13) of the Companies Act, 2013 if the Person seeking report is not concerned with the case in any manner or in other words, do not comply the mandate of Section 212(1)(a) to (d) of the Companies Act, 2013.

Filing of refund claim u/s 27 after one year of date of excess duty payment is barred by limitation

September 3, 2023 2220 Views 0 comment Print

Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.

CESTAT upholds redemption fine & penalty on Restricted Second-Hand Goods ETL Liners Import

September 3, 2023 351 Views 0 comment Print

CESTAT Bangalore upholds customs redemption fine & penalty for importing second-hand ETL Liners, which are restricted under Foreign Trade Policy.

Fees for live and non-live transmission right not taxable as royalty

September 3, 2023 624 Views 0 comment Print

ITAT Delhi held that as there is no copyright on live events, the license fees for live and non-live transmission right cannot be taxed as royaty in terms of section 9(1)(vi) of the Income Tax Act. Accordingly, addition deleted.

No Recording of Service of Notice: ITAT Sets Aside Revision Order

September 3, 2023 714 Views 0 comment Print

ITAT questioned whether notice issued under section 263 of the Act was properly served to assessee, as this is fundamental for upholding principles of natural justice.

Reopening of assessment after full and true disclosure of material facts unsustainable

September 3, 2023 2001 Views 0 comment Print

Bombay High Court held that reopening of assessment u/s 147 of the Income Tax Act unsustainable as the assessee has fully and truly disclosed all the material facts.

Denial of deduction claimed u/s 80P(2)(d) by invoking another sub-section of 80P unjustified

September 3, 2023 1578 Views 0 comment Print

ITAT Mumbai held that deduction claimed u/s. 80P(2)(d) of the Income Tax Act cannot be denied by invoking another sub-section of 80P. Accordingly, disallowance of deduction claimed u/s 80P deleted.

AI cannot be the basis of adjudication of legal or factual issues in a court of law

September 3, 2023 1638 Views 0 comment Print

In present facts of the case, the Hon’ble High court observed that ChatGPT cannot be the basis of adjudication of legal or factual issues in a court of law. AI cannot substitute either the human intelligence or the humane element in the adjudicatory process.

Full Court fees was directed to be refunded in terms of settlement on first date of hearing

September 3, 2023 444 Views 0 comment Print

In present facts of the case the matter was compromised on the first day of hearing wherein the broadcasting of the plaintiff’s jersey was in dispute without the permission of the plaintiff.

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