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Judiciary

Writ not entertained due to availability of alternative and efficacious remedy

July 4, 2023 624 Views 0 comment Print

Gauhati High Court held that writ petition not entertained as alternative and efficacious remedy is available to the petitioner. Accordingly, tax payer directed to avail statutory remedy, which is more efficacious.

Oppression and Mismanagement under Companies Act doesn’t cover breach of terms of settlement

July 4, 2023 2040 Views 0 comment Print

NCLAT Chennai held that if there is any breach of the Terms of Settlement, it cannot be construed as an issue which would fall within the ambit of the definition of Oppression and Mismanagement as defined under the Companies Act, 1956.

Cash recorded in books of accounts as an eyewash have to be added as unexplained money u/s 69A: ITAT

July 4, 2023 1158 Views 0 comment Print

The Hon’ble Tribunal while allowing Revenue Appeal have held that when the amounts received in cash against the sale of flats which have not been recorded in the books of account of the assessee at the time of search and seizure operation and subsequently recorded in the books as advance from customers is nothing but an eye wash to supplement the explanation of the assessee regarding the cash receipts. Therefore the addition made by the AO deserves to be confirmed in the hands of the assessee u/s 69A of the Act.

Bombay High Court Quashes Arbitrary Cancellation of GST Registration

July 4, 2023 1560 Views 0 comment Print

Read judgment of Bombay High Court in case of Mayel Steels Pvt Ltd vs Union of India. Court held that respondent acted arbitrarily in canceling GST registration and directed that proper notice should be served to dealers.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 1620 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

Duty/ penalty liability of the company cannot be recovered from its director

July 4, 2023 1617 Views 0 comment Print

Bombay High Court held that in absence of any specific provisions in the statute, duty or penalty liability of the company cannot be recovered from its Director, who is not personally liable towards liability of the Company.

Life tax to be collected on the net invoice price of the vehicle and not ex-showroom price: AP HC

July 4, 2023 2826 Views 0 comment Print

The Andhra Pradesh High Court has held that life tax is to be collected from the vehicle owner upon sale based on the net invoice price of the vehicle and not the ex-showroom price of the vehicle. The life tax can be levied only on the cost of the vehicle under the 6th schedule of the A.P. Motor Vehicles Taxation Act

ITAT deletes addition of credit card expenses incurred by director (Appellant) for Company

July 4, 2023 888 Views 0 comment Print

Review of the ITAT Indore verdict in the case of Shri Manish Kumar vs ACIT, where the tribunal directed re-adjudication of a disputed credit card expenditure and ordered the deletion of disallowance initially made by AO.

Imposition of late fees for delay in filing of TDS/ TCS statement prior to 01.06.2015 is bad-in-law

July 4, 2023 621 Views 0 comment Print

ITAT Cochin held that prior to 1st June 2015, there was no provision enabling demand in respect of levy of fees u/s 234E for late filing of TDS/ TCS statement. Accordingly, imposition of late fees prior to 1st June 2015 is bad-in-law.

Pre-clinical laboratory services by non-resident to Indian Customers not chargeable to tax in India

July 4, 2023 633 Views 0 comment Print

ITAT Bangalore held that pre-clinical laboratory services rendered by the assessee (non-resident) to its customers in India would not be chargeable to tax in India as the technical services rendered by the affiliates do not “make available” technical knowledge, experience, skill, know-how or process while preparing these reports for their, Indian customers/ clients.

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