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Judiciary

Cost-to-cost reimbursement of secondment of employees not FTS under India-USA DTAA

August 21, 2023 1710 Views 0 comment Print

ITAT Delhi held that cost to cost reimbursement on account of secondment of employees cannot be treated as Fees for Technical Services (FTS) as defined under Article 12 of India USA-Double Tax Avoidance Agreement (DTAA).

Settlement for foreclosure of concession agreement re Kiratpur – Ner Chowk Project is as per resolution framework

August 21, 2023 891 Views 0 comment Print

NCLAT Delhi held that the settlement entered into by KNCEL (Kiratpur Ner Chowk Expressway Limited) and NHAI (National Highways Authority of India) for foreclosure of the Concession Agreement relating to Kiratpur – Ner Chowk Project under the MoRTH Guidelines is in accordance with the approved Resolution Framework

Deceased’s Legal Representative Can Participate in Sec. 241/242 Proceedings without becoming member of company

August 21, 2023 2670 Views 0 comment Print

NCLAT Chennai held that there is `no Law’, which specifically envisages that unless, the `Legal Representatives’, become `Members’ of a `Company’, the `Legal Representatives’, of the `Deceased’, shall not become a `Party’, to the `Proceedings’, under Section 241 and 242 of the Companies Act, 2013.

Purchases reflected in books can’t be treated as unexplained investment

August 21, 2023 2676 Views 0 comment Print

ITAT Mumbai sets aside CIT(A) order in Vimal Kishor Shah vs ITO case, ruling purchases reflected in books can’t be treated as unexplained investment.

No Section 69 Addition for Cash Payment based on Seized Third-Party Ledger Alone

August 21, 2023 3318 Views 0 comment Print

Analysis of the ITAT Lucknow case Mahendra Lalka Vs DCIT on Sec 69 of the Income Tax Act. Key findings, implications, and legal insights included.

No Service Tax on Composite Vehicle Repair Contracts before 01.07.2012

August 21, 2023 648 Views 0 comment Print

CESTAT Chennai quashes demand of service tax on Shiva Automobiles for repair & maintenance of motor vehicles. Read the verdict details & implications here.

ITAT: Capital Project Donations for Trust Treated as Corpus, Re-adjudication Directed

August 21, 2023 576 Views 0 comment Print

ITAT Mumbai’s order on Ayyappa Seva Samgham Bombay Vs CIT(A). Insight into the ruling on Corpus Donations, depreciation claims, & Section 11 of the Act.

Belated Filing under IT Act 139(4) Can’t Deny Section 80P Tax Deduction: ITAT

August 21, 2023 4872 Views 0 comment Print

Insights into ITAT Delhi’s verdict on the denial of income tax deduction due to belated returns under Section 139(4) of the Income Tax Act for AY 2019-20.

New Service Tax Exemption Notification Replaces Old Notification: CESTAT

August 21, 2023 468 Views 0 comment Print

Analysis of CESTAT Chennai Order on service tax exemption notifications. Upshot Utility Services appeals against CGST & CE over SEZ exemption changes.

HC Directs Uninfluenced Evidence Decision in Trial Court’s GST Fraud Case

August 21, 2023 813 Views 0 comment Print

Punjab & Haryana HC orders trial court to decide GST fraud case based on evidence, uninfluenced by observations in bail order. Learn more about the verdict.

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