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Judiciary

Delhi HC: Proviso to PMLA Section 45(1) an Exception for Women; Twin Conditions Inapplicable

June 28, 2023 2202 Views 0 comment Print

In a recent case, Delhi High Court ruled that proviso to Section 45(1) of Prevention of Money Laundering Act (PMLA) is an exception for women, exempting them from satisfying the twin conditions of Section 45. The court held that sub-classifying women under different categories and applying twin conditions would violate Article 14 of Constitution. The applicant, accused in a complaint case related to the Unitech Group, was granted bail after undergoing extensive investigations and custody for over 20 months.

KVSS Determination Shields from Reassessment: Bombay High Court

June 28, 2023 444 Views 0 comment Print

Explore landmark ruling in Citibank N.A Vs S.K. Ojha case by Bombay High Court, confirming that post-Kar Vivad Samadhan Scheme determination, the Assessing Officer lacks jurisdiction to reopen tax assessments under Section 143 of Income Tax Act. Unearth key insights from this case setting a precedent for businesses under KVSS.

Demand of excise duty is valid if Assessee was aware that transaction was done without payment of duty

June 28, 2023 939 Views 0 comment Print

CESTAT Ahmedabad rules on the Rajesh Mangal vs C.C.E. & S.T. case, affirming the validity of an excise duty demand but reducing the penalty under Rule 26. Read about the implications and insights from this ruling.

Public Authority not required to provide ‘opinion’ or ‘advice’ under RTI: CIC

June 28, 2023 2271 Views 0 comment Print

Unravel the Rahul Gupta vs CPIO case where the CIC upheld that public authorities are not obliged to provide opinions or advice under the Right to Information Act, 2005.

Comparable having loss in three successive assessment years is persistent loss making company

June 28, 2023 1209 Views 0 comment Print

ITAT Bangalore held that if two out of the three preceding assessment year the comparable has earned profits it cannot be held a persistent loss making company. Hence, persistent loss filter can be applied only if there is loss in three successive assessment years.

Membership fees paid for key person of company is allowable as business expenditure

June 28, 2023 7026 Views 0 comment Print

ITAT Mumbai ruled that membership fees paid for a key person of a company are allowable as business expenditure. The case involved the disallowance of club membership fees paid to Cricket Club of India.

Interest subsidy under technology upgradation fund scheme is capital receipt

June 28, 2023 948 Views 0 comment Print

ITAT Mumbai ruled that the interest subsidy received under the technology upgradation fund scheme is considered a capital receipt, even if it is credited against interest expenditure in the books of account.

Provisions of section 115BBE not attracted when source of income proved

June 28, 2023 3771 Views 0 comment Print

In a recent case, the ITAT Hyderabad held that the provisions of section 115BBE of the Income Tax Act are not applicable when the source of income is disclosed.

Competition Act Violation: CCI dismisses plea against L. G. Electronics

June 28, 2023 474 Views 0 comment Print

Comprehensive case analysis on an anti-trust lawsuit involving Perfect Infraengineers Limited and L.G. Electronics India Pvt. Ltd., providing detailed insights into India’s competition laws.

Retrospective supplier GST registration cancellation: HC grants Interim Relief 

June 28, 2023 1035 Views 0 comment Print

The Chhattisgarh High Court granted interim relief to Sri Balaji Metals And Minerals Pvt. Ltd. in its case against Union of India regarding GST input tax credit. The Court directed no further adverse orders against the company until the next hearing.

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