NHRC takes suo motu cognizance of reported abduction and murder of differently abled RTI activist in Gujarat
The NHRC issued notice to the State DGP, calling for a detailed report on the matter within two weeks.
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‘Escaped income is below Rs 50 lakhs’; ITAT quashes reassessment notice under S.148 Income Tax Act issued beyond prescribed limitation of 3 years
A notice under Section 148-A(b) of the Income Tax Act, 1961 was issued to the assessee, stating that income had escaped assessment under the provisions of Section 147, regarding sale, purchase of properties and contractual receipts.
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Online shopping platforms should develop a system of photographing/video recording of receiving & opening of packages by delivery persons: DCDRC
“It is the duty of the online platform, which is offering such services, to ensure that correct product is delivered by the seller who is having business to business contract with them”.
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NHRC takes suo motu cognizance of fire in Trauma centre ICU at SMS Hospital Jaipur
The NHRC issued notices to the Chief Secretary and the Director General of Police, Government of Rajasthan, calling for a detailed report on the matter within two weeks.
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Transferring tenancy and occupancy rights in immovable property not service under S. 65-B(44) of Finance Act; not liable to service tax: CESTAT
“Consideration out of surrender of tenancy right on account of immovable property cannot be considered as service as per definition under Section 65-B(44) of the Finance Act, 1994 and no service tax is payable.”
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‘Several key players act as competitive constraint’; CCI dismisses anti-competitive, abuse of dominance allegations against ICICI Securities, NSE & BSE
“The alleged conduct of concerted practice by NSE and BSE of prescribing standard agreement flows from the regulatory architecture and therefore, does not attract the provision of Section 3(3) of the Competition Act, 2002.”
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Inside CCPA order imposing Rs 5 Lakh penalty on Drishti IAS over misleading ad on selection of 216+ candidates in UPSC CSE 2022
In a preliminary inquiry, it was prima facie observed that Drishti IAS had allegedly published the claim/advertisement and simultaneously advertised various types of courses provided by them on its official website while concealing important information. Therefore DG (Investigation) was requested to look into the matter.
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Old/Used Lead Acid Batteries recovered from ship not exigible to central excise duty: CESTAT
The appellant was not registered with Gujarat Pollution Control Board for processing goods like Lead Acid Batteries and so they were clearing these goods to their buyers who had license from Pollution Control Board to process old/used Lead Acid Batteries for extraction of lead scrap.
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Resolution Professional to be appointed as liquidator unless replaced by Adjudicating Authority on grounds provided in Section 34 IBC: NCLAT
The power envisaged under Section 34(4)(b) of the IBC is a power to recommend the replacement of the particular Resolution Professional on facts specific to that individual and is not a general power that could be exercised by the IBBI for issuing the Circular.
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All partners have unlimited liability for acts of partnership firm irrespective of their role or profit share: SEBI
With respect to noticee’s liability as a partner, the noticee submitted that she resigned within short span of time and did not receive any remuneration or profit from the firm. Further, she was not a part of decisions or involved in day-to-day affairs of the firm.
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‘Mechanical reliance on income tax data impermissible’: CESTAT sets aside service tax demand confirmed without corroborative evidence
“Mere entries in income tax returns or Form 26AS cannot, by themselves, establish liability under the Finance Act, 1994, unless corroborated by evidence demonstrating rendition of taxable service.”
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Separate GST registration not required under S. 22 CGST Act for Free Trade Warehousing Zone operations: Tamil Nadu AAR
Registration under Section 22 of the CGST Act is linked to the place from where taxable supplies originate and not the mere existence of a warehousing unit in another State. The AAR clarified that storage in an FTWZ does not create an additional liability to register.
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CCI dismisses abuse of dominance case against GMR Hyderabad Airport Ltd; cites operational constraints for non-renewal of license
Non-renewal of the Informant’s license for space on the airside of Rajiv Gandhi International Airport does not have the potential to limit and restrict the provision of Line Maintenance Services, so as to cause prejudice to the consumers and hence, is not in contravention of Section 4(2)(b) of the Competition Act, 2002.
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Damages received for dispute settlement of agreement to sell, not taxable as ‘declared service’ under S. 66-E(e) of Finance Act, 1994: CESTAT
A settlement of dispute is clearly not an agreement to tolerate any act or situation. It is beyond the scope of Section 66-E(e) of the Finance Act, 1994 and thus not a ‘declared service’.
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Affidavit confirms settlement between Corporate Debtor and Operational Creditor; NCLAT closes Section 9 IBC proceedings
“Despite the contentions raised by the Appellant, Appellant entered into settlement with the Operational Creditor to discharge his dues, which has been filed by an Affidavit by the Appellant as well as Respondent.”
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EPFO stakeholder claims based on assessment order post liquidation commencement date inadmissible: NCLAT
“Non-admission of the claim of the Appellant in liquidation proceeding shall not preclude it from taking such steps as available in law for realisation of its claim which arose after liquidation commencement date.”
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Assessee’s income for tax assessment cannot be clubbed with minor daughter’s share of sale proceeds, deposited as per Court’s order: ITAT
The assessee deposited 50% minor daughter’s share in the nationalized bank. Further, the assessee accounted his 50% share and offered the same as capital gain with the deduction of claim under Section 54 of the Income Tax Act, 1961.
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Notice to deceased assessee must first be served on legal heirs; once on record, legal heirs represent deceased assessee: ITAT
In the present case, notice under Section 148 of Income Tax Act, 1861 is not served on legal heir of the assessee. The said notice is served on the assessee, even after the knowledge that the assessee is deceased.
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SKY Lark Education Welfare Society an educational institution; will be exempted from service tax: CESTAT
“SKY Lark Education Welfare Society is imparting education to students of Swami Vivekanand Subharti University, enrolled under the distant learning programme, as per its curriculum and it is duly recognized under the laws of the Uttar Pradesh Government/UGC.”
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Unauthorised occupation of public premises, use of unhygienic products, and violations of food safety standard not within scope of Competition Act: CCI
The Informant alleged that there is sharp decline in sales of his business, as a juice corner operator-Opposite Party sold cooked food from unhygienic and unknown sources at below manufacturing cost, leading to unfair competition in respect to vendors who are complying with the regulations.
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