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Judiciary

Cash deposited during demonetization: ITAT allows deduction of returned income against peak credit balance

May 8, 2023 4878 Views 0 comment Print

Jatinderpal Singh Vs ITO (ITAT Amritsar) Relying on the decision of ITAT Amritsar in the case of Kulwant Singh v. ITO in ITA No. 519/Asr/2014 dated 19.02.2015 appellant submitted that the credit of the income returned by the assessee should have been allowed from the peak credit balance sustained by the CIT(Appeal). It was submitted […]

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

May 8, 2023 2289 Views 0 comment Print

State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of India, the same cannot be treated as Central or State Government

Demand of extended period not sustainable If no suppression of facts

May 8, 2023 1611 Views 0 comment Print

CESTAT held that since there is no suppression of fact, demand of extended period is not sustainable. Penalty imposed was unwarranted

Jurisprudence of SEBI (LODR) regulations 2015 in Filing up Casual Vacancy in Office of Independent Director

May 7, 2023 2244 Views 0 comment Print

Regulation 17(1A) is not applicable for the purpose of filling up a casual vacancy under Section 161(4) of the Companies Act. Regulation 17(1A) cannot be read in isolation.

Resolution plan must meet the mandate of Code and not violate rights given to secured creditor: SC

May 7, 2023 1011 Views 0 comment Print

Vistra ITCL (India) LTD Vs Dinkar Venkatasubramanian (Supreme Court of India) The difficulty which arises in the present case is that, in terms of the decision of this Court in Anuj Jain (supra) and Phoenix ARC (supra), Appellant No. 1 Vistra is to be treated as a secured creditor, but would not fall under the […]

IBC: Section 9 petition cannot be dismissed merely because some invoices are time barred

May 7, 2023 858 Views 0 comment Print

Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]

HC allows travel abroad to accused as no evidence of not returning back

May 7, 2023 414 Views 0 comment Print

Shawn Anthony Mendonca Vs State of Maharashtra (Bombay High Court) 1. The applicant/accused is facing trial for offences punishable under Sections 354A, 509, 504 and 506 of the Indian Penal Code, by this application, is challenging the Order dated 17/07/2019 passed by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai rejecting his application for permission […]

Benefit of Section 80 of TNGST not available in case tax dues are not paid

May 6, 2023 1650 Views 0 comment Print

Madras High Court held that the object of Section 80 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST) is only to benefit an assessee who has been complaint in effecting payment of the admitted tax. Benefit of section 80 not available in case of amount due as per the liability self-assessed in any return.

Section 40A(3) not applies to cash payments deposited in bank account of payee

May 6, 2023 9951 Views 0 comment Print

ITAT Kolkata held that provisions of section 40A(3) of the Income Tax Act doesn’t apply to cash payments when ultimately the amount is deposited in the bank account of the payee.

Cryptogenic Device/Token’ (ProxKey & ProxKey PRO) fall under Tariff entry 8471 80 00

May 6, 2023 1131 Views 0 comment Print

In re Pagaria Infotech Ventures LLP (CAAR Mumbai) M/s. Pagaria Infotech Ventures LLP (hereinafter referred to as ‘the applicant’, in short) filed an application for advance ruling before the Customs Authority for Advance Rulings, Mumbai (CAAR, in short). The said application was received in the secretariat of the CAAR, Mumbai on 26.12.2022, along with its […]

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