Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Employer's PF/ESI contribution was distinguished from employees' contribution under Checkmate Services: deduction remains available under section 43B if payment is made before the return-filing due date, so the Assessing Officer was directed to verify the deposit date and allow the claim if timely paid. The Tribunal also accepted the claim for refund of excess Dividend Distribution Tax, applying the India-Japan DTAA and the principle that a more beneficial treaty rate overrides the domestic rate; any tax paid in excess of the treaty rate was held refundable, with the exact amount to be computed by the Assessing Officer. The appeal was partly allowed.
Employer's PF/ESI contribution was distinguished from employees' contribution under Checkmate Services: deduction remains available under section 43B if payment is made before the return-filing due date, so the Assessing Officer was directed to verify the deposit date and allow the claim if timely paid. The Tribunal also accepted the claim for refund of excess Dividend Distribution Tax, applying the India-Japan DTAA and the principle that a more beneficial treaty rate overrides the domestic rate; any tax paid in excess of the treaty rate was held refundable, with the exact amount to be computed by the Assessing Officer. The appeal was partly allowed.
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