Category: Judgments
No modifications or withdrawals of CoC-approved Resolution Plans at behest of successful Resolution Applicant once plan submitted to Adjudicating Authority- Supreme Court In a recent judgment the Hon’ble Supreme Court have held that under the existing insolvency framework in India there is no scope for further modifications or …
Formula for Refund of ITC u/s 89(5) is not ultra vires. Supreme Court urges GST Council to reconsider formula and take a policy decision ABCAUS Case Law CitationABCAUS 3550 (2021) (09) SC Important case law relied referred:VKC Footsteps India Pvt. LtdTvl. Transtonnelstroy Afcons Joint Venture Section 54 of …
Power to grant personal hearing under Faceless Appeal Scheme 2020- Supreme Court to decide if discretion be limited to Chief Commissioner and Director General only CBDT in August 2020 notified Income Tax Faceless assessment Scheme 2020. Section 144B provides that in a case where a variation is proposed …
Addition for handling loss in petrol pump allowed as it was within permissible limit of 0.75% prescribed by Essential Commodities Act ABCAUS Case Law CitationABCAUS 3548 (2021) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made …
Application for Registration u/s 12A can not be rejected for mere not filing of income-tax return In the instant case, the assessee had challenged the order passed by the Commissioner of Income-tax (Exemption) under section 12AA (1) (b) (ii) of the Income Tax Act, 1961 (the Act) rejecting …
Technology Upgradation Fund Subsidy received was capital receipt and not taxable. Supreme Court dismisses the SLP of the Department In the instant case, the Revenue had filed SLP before the Hon’ble Supreme Court challenging the order passed by the Hon’ble High Court in confirming that amount of subsidy …
Addition u/s 68 for unsecured loans/share capital on account of amalgamation as per High Court order deleted as no sum was actually received ABCAUS Case Law CitationABCAUS 3545 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition …
Once capital gain taxed in hands of individual member of society, same cannot be taxed again in the hands of society ABCAUS Case Law CitationABCAUS 3544 (2021) (08) ITAT Important case law relied referred:Corporation of India Ltd. – 187 ITR 688 (SC)Mohinder Kaur JoshPunjabi Coop House Building Society …
Prosecution u/s 276C(1) / 277 based on information / photocopies received under DTAA for third country non sustainable In the instant case, the Income Tax Department (Revisionist) had filed a revision petition against the impugned order passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) discharging the …
CPC can not adjust refund in excess of 20% for disputed outstanding demand. Order u/s 245 or order u/s 220(6) do not authorise recovery in excess of 20%. ABCAUS Case Law CitationABCAUS 3542 (2021) (08) HC Important case law relied referred:Amrit Singh Ahluwalia vs. State of Punjab & …
