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Judiciary

Order Supported by Reasoning, Documents and Facts: Not Arbitrary

June 28, 2023 450 Views 0 comment Print

Rajasthan High Court upheld order of Electricity Ombudsman, which allowed recovery of transformation losses and pro-rata transformer cost from large industrial consumers. The court reasoned that an order supported by factual findings and necessary documents cannot be considered arbitrary.

Ignorance of Tax Law for Partnership Income Not A Reasonable Excuse for Late ITR Filing

June 27, 2023 1704 Views 0 comment Print

Ignorance of tax obligations on income earned from a partnership doesn’t excuse late filing of Income Tax Returns. ITAT Mumbai upholds Section 271F penalty in a recent case involving an advocate and his late ITR filing.

CESTAT Orders Re-adjudication in ONGC Case Regarding Cenvat Credit Admissibility

June 27, 2023 855 Views 0 comment Print

CESTAT Ahmedabad directs re-adjudication for verification of the use of steel items in the ONGC case. The Tribunal emphasises on the need for physical verification to determine Cenvat credit admissibility.

CESTAT Chennai Upholds decision on Central Excise Value of Copper Anode

June 27, 2023 561 Views 0 comment Print

A detailed analysis of CESTAT Chennai’s decision in the Sesa Sterlite Ltd Vs Commissioner of GST case, focusing on the finalized ad valorem value of copper anode under Central Excise Rules.

Unsustainable Order: Cancelling GST Registration due to Vague Notice

June 27, 2023 1221 Views 0 comment Print

Gujarat High Court held that order cancelling GST registration passed on the basis of very vague and cryptic show cause notice is unsustainable in law and liable to be set aside.

IBC: Sub-contractor not entitled to raise claim if Contractual Relation not exist

June 27, 2023 1743 Views 0 comment Print

NCLAT Chennai held that the sub-Contractor, would not have any contractual relationship with the owner and would not be entitled to prefer any `Claims’ against the owner

IBC: Mere Filing of Application u/s 7(1) Insufficient to Invoke Section 238 Bar

June 27, 2023 1290 Views 0 comment Print

Bombay High Court held that mere filing of an application under section 7(1) of the IB Code is not enough to invoke the bar of section 238 of the IB Code.

Non-Resident: Unsustainable Section 69 Addition for Investment in India

June 27, 2023 2649 Views 0 comment Print

ITAT Mumbai held that addition u/s 69 of the Income Tax Act unsustainable as the assessee being non-resident, income has been invested in India and not arisen in India.

PF Contribution Deadline: 15 Days from Month-end for Salary Earned

June 27, 2023 3312 Views 0 comment Print

ITAT Mumbai held that the employer has to remit both the contributions (employee’s contribution and employer’s contribution) to the Provident Fund within 15 days from the close of the month for which the employees earned their salary i.e., Salary payable.

Assessment framed in different status is liable to be cancelled

June 27, 2023 693 Views 0 comment Print

ITAT Delhi held that issuance of notice by AO in the status of ‘Local Authority’ and assessment framed in different status i.e. in the name of ‘Artificial Juridical Person’ is bad in law and hence liable to be cancelled.

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