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Judiciary

Composite rental income for letting out school building with infrastructure and amenities taxable under house property

June 27, 2023 1155 Views 0 comment Print

ITAT Mumbai held that composite rental income received by letting out school building with infrastructure and amenities is taxable under the head ‘Income from House Property’ and not under ‘Income from income from other sources’ in view of section 56(2)(ii) of the Income Tax Act.

Granting bail on medical grounds u/s 45(1) of PMLA is discretionary

June 27, 2023 5052 Views 0 comment Print

Delhi High Court held that the power to grant bail on medical grounds under the first proviso to Section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) is discretionary. Accordingly, court directed AIIMS to evaluate medical condition of the petitioner.

Cash refund for assessee under Central Excise Exemption Notification

June 27, 2023 195 Views 0 comment Print

Exploring the landmark CESTAT ruling in Manmade Spinners India Ltd Vs Commissioner of CGST case which clarifies that cash refund is permissible for an assessee operating under Central Excise Exemption Notification.

Interim bail granted on medical grounds as petitioner is suffering from life-threatening diseases

June 27, 2023 5799 Views 0 comment Print

Delhi High Court granted interim bail on petitioner satisfying the test of proviso to section 45(1) of the Prevention of Money Laundering Act, 2002 (PMLA) as petitioner is suffering from life-threatening diseases warranting immediate medical attention.

Writ not entertained because of availability of alternate appeal remedy

June 27, 2023 324 Views 0 comment Print

Madras High Court didn’t entertained the writ petitioner as appeal remedy available before the appropriate authority. Accordingly, petitioner directed to preferred appeal under the provisions of TNGST Act, 2017.

ITAT Quashes Covid-19 Pandemic Income Tax Revision Order

June 27, 2023 564 Views 0 comment Print

A comprehensive analysis of ITAT Pune’s landmark judgement in the Subhash Devidas Mind Vs PCIT case, wherein a revision order passed during the Covid-19 pandemic was quashed.

Calcutta HC dismisses Assessment Order Passed during Writ Petition Pendency

June 27, 2023 438 Views 0 comment Print

Gain insights into the landmark ruling by the Calcutta High Court in SKP Infrarealty Pvt Ltd. & Anr vs Union of India case, regarding non-participation in income tax proceedings and the principle of natural justice.

GST: No pre-deposit required in case tax is fully deposited – Calcutta High Court

June 27, 2023 837 Views 0 comment Print

Calcutta High Court, in the case of Liakhat Ali Mallick v. State of West Bengal, set aside the order requiring the assessee to make a pre-deposit of 20% of the interest liability. Gain insights into the ruling and its implications for GST cases.

Dispute maintainable on basis of invoices in absence of expressly written contract

June 27, 2023 4329 Views 0 comment Print

In present facts of the case, the Hon’ble Bombay High Court have held that Section 27 (3) expressly states that an obligation of a limited liability partnership, whether arising in contract or otherwise, shall be solely the obligation of the limited liability partnership.

Gujarat HC Dismisses misconceived WP under Section 73(9) r.w.s 78 & 107 of GST Act

June 27, 2023 636 Views 0 comment Print

The Gujarat High Court dismissed the writ petition filed by Stallion Energy Private Limited challenging provisions under Section 73(9) r.w.s 78 and 107 of Gujarat Goods and Services Tax Act, 2017. This significant case explores taxation proceedings and refund claims.

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