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Judiciary

Anti-Profiteering allegation: CCI Directs DGAP to Re-investigate S.R. Lifesciences

August 4, 2023 237 Views 0 comment Print

CCI directs DGAP to reinvestigate allegations against S.R. Lifesciences & suppliers for not passing on GST reduction benefit. Full details inside.

CCI directs DGAP to further investigate two projects of Omkar Realtors

August 4, 2023 540 Views 0 comment Print

In the case of Director General of Anti-Profiteering Vs Omkar Realtors and Developers Pvt. Ltd, the Competition Commission of India (CCI) directed the Director General of Anti-Profiteering (DGAP) to conduct further investigations on two of Omkar Realtors’ projects.

No Section 271AAB Penalty if Initiation not based on Undisclosed Income Found during search

August 4, 2023 1308 Views 0 comment Print

An examination of section 271AAB penalty when no undisclosed income is found during search actions. Discover how ITAT Nagpur ruled on this critical tax law issue.

Tax Treatment of Agricultural Land Sale: No Need for Active Agricultural Activity

August 3, 2023 11919 Views 0 comment Print

According to the Income Tax Act, there is no requirement for active agricultural activity to be present at the time of selling agricultural land. The key condition is that the land must qualify as agricultural land. The Honourable Third Member supported this view and dismissed the Revenue’s appeal, concluding that the consideration received from the sale of agricultural land was not subject to capital gains tax.

NCLT Mumbai: PF/Gratuity Due Prioritized in Liquidation

August 3, 2023 1725 Views 0 comment Print

NCLT Mumbai held that PF/Gratuity dues are third-party assets belonging to workers and should be prioritized in liquidation. The EPFO claims will not fall under the waterfall mechanism of the IBC.

Section 43CA doesn’t apply to agreement to sell entered prior to 1st April 2014

August 3, 2023 1755 Views 0 comment Print

ITAT Kolkata held that as provisions of section 43CA of the Income Tax Act are introduced with effect from 1st April 2014, the said provisions are not applicable to ‘agreement to sell’ entered prior to 1st April 2014.

Denial of deduction u/s. 80HHC merely stating income are not derived from export unjustified

August 3, 2023 759 Views 0 comment Print

ITAT Delhi held that income classified as ‘business income’ but not considered for the purpose of working of deduction u/s 80HHC merely on the nomenclature that income are not derived from export is unjustifiable as it is not justified that income has no nexus with earning of export.

Resolution plan by RP of Safeco Hygiene found to be feasible and viable hence approved

August 3, 2023 846 Views 0 comment Print

NCLT Ahmedabad held that resolution plan submitted by Resolution Professional (RP) of the corporate debtor- Safeco Hygiene Films Pvt. Ltd. duly complies with regulations of CIRP Regulations, 2016 as well as IB Code and, the resolution plan is found to be both feasible and viable as held by CoC. Accordingly, the same is approved.

Retrospective cancellation of trust registration u/s. 12AB of Income Tax Act invalid

August 3, 2023 3639 Views 0 comment Print

ITAT Mumbai held that cancellation of registration of trust retrospectively from AY 2016-17 under section 12AB(4) of the Income Tax Act is invalid.

Subway Systems India not guilty of Anti-Profiteering: CCI

August 3, 2023 618 Views 0 comment Print

Explore the details of the recent case involving Director General of Anti-Profiteering and Subway Systems India Pvt. Ltd. The Competition Commission of India’s thorough analysis, findings, and conclusion on potential violations of CGST Act, 2017

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