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Finance Act 2024: Insertion of S. 74A into the CGST Act, 2017, for Streamlining the Issuance of Demand Notices under GST
New s. 74A in the CGST Act consolidates GST recovery, removing the distinction between fraud and non-fraud cases from FY 2024-25.
Aug 20, 20244 min read
[Delhi HC] Settlement for Dispute Regarding Sweat Equity Shares Taxable as Long-term Capital Gains, Not Salary
Delhi HC rules settlement from sweat equity share disputes as capital gains, not salary.
Aug 19, 20244 min read
Maharashtra GST Department Issues Guidelines for Recovery of Dues Following First Appeal Disposal
Maharashtra GST outlines new recovery guidelines post-first appeal, ensuring taxpayer compliance and easing legal burdens.
Aug 19, 20243 min read
From a Trump Card to a Trumped Card: PMLA – A Law Adrift from its Original Purpose
Explore how the PMLA, once a key legal tool, now risks misuse and overreach, deviating from its core anti-money laundering aims.
Aug 17, 202410 min read
Breaking the ‘Snake & Ladder’ Cycle: Supreme Court Upholds Right to Speedy Trial, Grants Bail Amid Prolonged Incarceration in PMLA Cases
Supreme Court grants bail, emphasises right to speedy trial in PMLA case, marking a judicial shift.
Aug 17, 20246 min read
Compounding of Offences under the Customs Act: A Mechanism for Efficient Dispute Resolution
Compounding of Offences under the Customs Act: A Mechanism for Efficient Dispute Resolution
Introduction
The compounding of offences offers
Aug 16, 20249 min read
Acquittal in Cheque Bounce Case: Supreme Court Emphasises Evidence Over Presumption
SC upholds acquittal in cheque bounce case, emphasising robust evidence over mere legal presumption.
Aug 16, 20244 min read
Calcutta High Court Clarifies Personal Guarantor's Liability in Debt Assignment
Calcutta HC rules on PG liabilities, affirming non-exemption in debt shifts, upholding creditor rights under specified conditions.
Aug 16, 20243 min read
Reconciling Rights with Enforcement: Analyzing the Evidentiary Value of Statements Recorded under the CGST & Customs Acts
Exploring how statements under CGST & Customs Acts challenge self-incrimination rights.
Aug 14, 202412 min read
NCLT Kolkata: Leasehold Rights Cannot Be Terminated Through Resolution Plan Without Due Process
NCLT Kolkata holds that leasehold rights cannot be extinguished via resolution plans without adhering to due legal process under IBC.
Aug 14, 20243 min read
[West Bengal AAR] No GST on Physical Bridge Tournaments as They Do Not Constitute ‘Specified Actionable Claims’
West Bengal AAR rules that organising offline bridge tournaments does not qualify as 'specified actionable claims' liable for GST.
Aug 13, 20244 min read
Delhi High Court Upholds Clean Slate Principle: S. 32A of the IBC Different from Moratorium Period
Delhi HC rules: A corporate debtor's assets are shielded from past liabilities once a resolution plan is approved, per s.32A of the IBC.
Aug 12, 20243 min read
Exclusion of VAT from Taxable Turnover: Supreme Court Clarifies ‘Purchase Price’
Supreme Court's verdict reinforces the strict interpretation of tax laws, excluding VAT from ‘purchase price’ in GVAT Act calculations.
Aug 12, 20243 min read
SEBI Introduces New Institutional Mechanism to Prevent Fraudulent Transactions in AMCs
SEBI issues new rules for AMCs to combat market fraud, enhancing surveillance and accountability.
Aug 11, 20243 min read
Revaluation of Assets as Capital Gains: ITAT Rules that Asset Revaluation Constitutes Transfer ‘Otherwise’ Under S. 45(4) of the ITA
ITAT Hyderabad clarifies that crediting revalued assets to partner accounts triggers capital gains under ITA's s. 45(4).
Aug 10, 20244 min read
RBI Drafts New Guidelines for Managing Model Risks in Credit Across Financial Institutions
Explore RBI's draft for robust credit model risk management in financial institutions.
Aug 10, 20243 min read
Natural Justice and Procedural Compliance in GST Adjudication: A Judicial Interpretation by Allahabad HC
An analysis of how courts address natural justice and procedural compliance in GST cases, highlighting key taxpayer obligations and remedies
Aug 10, 20243 min read
Bombay High Court Invalidates Reassessment for Non-Compliance with S. 151A: A Critical Review of Procedural Errors in Tax Notices
Ruling quashes tax reassessment due to flawed procedural compliance, underscoring legal adherence necessities.
Aug 9, 20243 min read
Madras High Court: Discretionary ESOP Compensation is Taxable as Perquisite
Madras High Court rules that one-time discretionary compensation for loss in future accretion with respect to ESOPs is taxable as perquisite
Aug 9, 20248 min read
[ITAT] Cash Transactions in Property Sales: Section 271D Penalty Unwarranted, Section 269ST Applies
ITAT finds no penalty warranted under s. 271D for cash transactions in property sales, highlighting the relevance of s. 269ST instead.
Aug 7, 20244 min read