Judgements and Orders, Supreme Court and High courts of India
THE ITAT held that additions cannot be made only on the basis of declaration made under section 132(4) of the Income Tax Act, 1961 without any corroborating evidence to prove the addition.
NCLT MUMBAI BENCH held that new claims cannot be admitted once Resolution Plan approved by Committee of Creditors and is pending before Adjudicating Authority for approval.
Dating back of insurance policy
FCS Deepak Pratap Singh 08 May 2023 at 14:51
If Life Insurance Policy dated back , the next premium will fall due on such date to which the policy dated back. The date on which risk under the policy commenced is different from the date of policy.
The death caused by extreme cold wave is accidental one and the insurance companies cannot deny claim to the family of the deceased on the ground that the demise was natural. "Cold wave is an untoward event which is not expected ordesigned, and an or
Payment of High rental would not mean transfer of property is involved
Bimal Jain 08 May 2023 at 10:46
The Hon'ble Kerela High Court in the case of Prodair Air products India Pvt. Ltd. v. State of Kerala [W.A. No. 374 of 2021 dated April 3, 2023] held that payment of fixed cost under a contract would not mean that the contract is of transfer of proper
ITC can be claimed during revocation of cancelled GST registration
Bimal Jain 04 May 2023 at 12:20
The Hon'ble Rajasthan High Court in M/s R.K. Jewelers v. Union of India [D.B. CWP No. 4236 of 2023 dated April 26, 2023] has held that, the cancellation of registration effected on the ground of non-filing of GST return, could be revoked and the asse
Unbranded namkeen products to attract 12% GST, not 5%
CS Lalit Rajput 05 April 2023 at 09:40
The Gujarat Authority for Advance Ruling (AAR) has observed that 12% GST is applicable on salted and flavouring potato chips, chivda, sev, and hing bhujiya.
Rule 89(4)(c) is ultra-vires to the provisions of GST law and held unconstitutional
Bimal Jain 03 April 2023 at 14:32
The Hon'ble Karnataka High Court in M/s. Tonbo Imaging India Pvt Ltd v. Union of India [W.P.C No. 13185 of 2020] (T-RES) dated February 16, 2023] has held that, Rule 89 (4)(c) of the Central Goods and Service Tax Rules, 2017 ("the CGST Rules") which
Resolution professional is not required to express his opinion
FCS Deepak Pratap Singh 31 March 2023 at 11:24
K. SASHIDHAR VS. INDIAN OVERSEAS BANK & ORS.
The appeal is allowed on the finding that no evidence has come forward to show that the company had made a public offer other than these 49 persons. Once allotment is made to less than fifty allottees by way of private allotment the first proviso to
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