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Judiciary

Service Income Misclassification Doesn’t Make it a Donation

September 1, 2023 270 Views 0 comment Print

Analysis of ITAT Delhi’s verdict on Global Research Forum’s service income labeled as a donation. The impact of misclassifying income in financial records.

Goods exempted from e-way bill requirements can’t be detained for lacking e-way bill

September 1, 2023 1518 Views 0 comment Print

Analysis of J.K. Cement Ltd. vs State Of U.P. case where goods detained for e-way bill were exempted at the relevant time. Insights into Allahabad High Court’s decision.

Entire GST Refund Can’t Be Denied Due to One Supplier’s Irregularity

September 1, 2023 726 Views 0 comment Print

Analysis of Delhi HC judgment on GST refund where a supplier was found non-existent. A pivotal decision ensuring rightful GST claims aren’t denied.

NCLT has jurisdiction to remit resolution plan for reconsidering amendments requested by successful resolution applicant

August 31, 2023 483 Views 0 comment Print

NCLAT Delhi held that there is NCLT (National Company Law Tribunal) has jurisdiction to remit the plan for reconsidering the amendment which the Successful Resolution Applicant himself was requesting to be carried out.

Fees of Resolution Professional rightly reduced for non-completion of CIRP in time bound manner

August 31, 2023 864 Views 0 comment Print

NCLAT Delhi held that adjudicating authority rightly reduced fees payable to Resolution Professional on failure in complying with his responsibilities of completing CIRP in a time bound manner.

EPF Act’s ‘Basic Wage’ Differs from Minimum Wages Act: SC

August 31, 2023 3078 Views 0 comment Print

Supreme Court of India addresses the differentiation between ‘basic wage’ as defined by EPF Act and ‘minimum wage’ under Minimum Wages Act.

TDS u/s 195 not deductible on commission paid to foreign agents for procurement of orders

August 31, 2023 2370 Views 0 comment Print

ITAT Delhi held that commission paid to foreign agents for procurement of orders do not fall under Technical, Managerial or consultancy services. Accordingly, TDS not deductible on commission paid to such foreign agents.

Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 786 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 1887 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Suspension of initiation of CIRP applies to date of default

August 31, 2023 552 Views 0 comment Print

NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.

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