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Judiciary

GST Implications on Transfer of Monetary Proceeds from IVL India to IVL Sweden

June 5, 2023 1248 Views 0 comment Print

Understand the GST implications on transferring monetary proceeds from IVL India to IVL Sweden, as elucidated by GST AAAR Maharashtra.

Movement of Capital goods between distinct person not supply

June 5, 2023 1980 Views 0 comment Print

AAAR held that transaction between two GSTINs of same person would be considered as lease transaction and accordingly taxable as supply of services in terms of Section 7 of Central Goods and Services Tax Act, 2017

Conditions in rule 37BA should be read in provision of section 199(1) where no double credit is claimed

June 5, 2023 47976 Views 0 comment Print

ITAT Chennai held that strict conditions provided in Rule 37BA should be read in the provisions of Section 199(1) to make it workable in genuine cases where department is sure no double credit is allowed or claimed.

Company under liquidation is disbarred from initiating legal proceeding without prior approval

June 5, 2023 1452 Views 0 comment Print

NCLT Mumbai held that as per section 33(5) of the Insolvency and Bankruptcy Code (Code) company under Liquidation is disbarred from initiating any legal proceedings without seeking the prior approval of the Adjudicating Authority. Accordingly, the Liquidator was not competent to initiate proceedings u/s. 7 of the Code.

Section 56(2)(viib) not applicable to transaction between holding & wholly owned subsidiary

June 4, 2023 4104 Views 0 comment Print

Explore the ITAT Delhi verdict on BLP Vayu’s share premium issue. Assessment under Section 263 challenged. Learn about the intricacies of Section 56(2)(viib) and its applicability.

CCI Lacks Jurisdiction Over ICAI’s CPE Activities: Delhi HC

June 4, 2023 3690 Views 0 comment Print

Delhi High Court held that CCI does not have jurisdiction over Continuing Professional Education (CPE) activities of ICAI

HC set-aside Cryptic, unreasoned & unpalatable GST Registration cancellation Order & SCN 

June 4, 2023 879 Views 0 comment Print

HC set aside cryptic, unreasoned, and unpalatable GST registration cancellation order and show cause notice and restored registration of certificate and directed GST authorities to permit petitioner to file GST returns.

Compulsory convertible debentures not equity – Interest allowable

June 4, 2023 4956 Views 0 comment Print

Till date of conversion, interest paid on CCDs cannot be treated as interest on equity & interest is allowable as expenditure u/s. 36(1)(iii)

Whether dues to landowners under Collaboration Agreements can be treated as ‘Operational Debt’ under IBC?

June 3, 2023 2181 Views 0 comment Print

Explore the NCLT Delhi judgment in Ajit Kaur Gill vs. Raheja Developers case, a detailed analysis of the operational debt dispute, and why the claim was dismissed.

Services rendered to holding company under an agreement does not make service provider an intermediary

June 3, 2023 1704 Views 0 comment Print

HC ruled that provision of services by taxpayer to its holding company, as per terms of an agreement, does not categorize service provider as an intermediary.

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