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Archive: September, 2020

Posts in September, 2020

Benami Transactions: Burden of Proof Lies Upon Whom

September 17, 2020 9861 Views 0 comment Print

Ashutosh Gupta and Gaurav Rana The burden of proof of a fact is the most crucial aspect in any legislation and disputes or litigation arising in the implementation of the legislation. Entire thrust of the litigation and also the fate of the parties to the litigation depends on this fundamental issue. In this piece we […]

No Section 14A addition if no exempt income earned in relevant year

September 17, 2020 2073 Views 0 comment Print

DCIT Vs Asset Auto India Pvt. Ltd (ITAT Mumbai) The fact remains that no exempt income was earned by the assessee during the year under consideration. The Ld. CIT(A) has rightly followed the judgement of the Hon’ble Delhi High Court in Holcim India (P.) Ltd (supra).; IL & FS Energy Development Company Ltd (supra), where […]

DGFT enabled random sampling of LED products & Control Gear

September 17, 2020 1509 Views 0 comment Print

A new Policy Condition is added in Chapter 85 and 94 of ITC(HS), 2017, Schedule-I (Import Policy) to enable random sampling of LED products and Control Gear for LED products notified under Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012. Ministry Of Commerce And Industry (Department Of Commerce) (Directorate General Of Foreign […]

National co-op development corporation Vs. CIT- SC decides 44 years Old dispute

September 17, 2020 3969 Views 0 comment Print

National Co-Operative Development Corporation Vs. CIT (Supreme Court) The factual matrix: 1. The appellant-Corporation, National Co-operative Development Corporation, was established under the National Cooperative Development Corporation Act, 1962 (hereinafter referred to as the ‘NCDC Act’). 2. The functions of the appellant-Corporation are set out in Section 9 of the NCDC Act, which is, inter alia, […]

No addition can be made merely on the basis of presumption

September 17, 2020 8871 Views 2 comments Print

Sindhu Trade Links Ltd. Vs DCIT (ITAT Delhi) It can be seen that the assessee company had purchased land at Tifra Bilaspur for Rs. 55,44,800/- including stamp duty and registration charges of Rs. 7,06,705/-. The Ld. DR submitted that as per the observations of the Assessing Officer there are certain purchases of land /properties where […]

NCLT dismisses CIRP filed by Neesa Infrastructure Limited

September 17, 2020 1941 Views 0 comment Print

M/s. Neesa Infrastructure Limited vs State Bank of India (NCLT) Advocate, Mr. Nipun Singhvi appeared on behalf of the Respondent. The order is pronounced in the open court, vide separate sheet. 1. Sanjay Gupta, claiming himself to be the authorised signatory, on behalf of M/s. Neesa Infrastructure Limited filed this Petition under Section 10 of […]

Term of NCLAT Chairperson, Bansi Lal Bhat extended

September 17, 2020 420 Views 0 comment Print

Term of office of Justice (Retd.) Shri Bansi Lal Bhat, Member (Judicial) as officiating Chairperson, NCLAT is extended upto 16.10.2020 or until a regular Chairperson is appointed or until further orders, whichever is the earliest.

Registration as Valuer rejected on failure to establish Eligibility

September 17, 2020 1383 Views 0 comment Print

Eligibility of the applicant for registration as Valuer, as prescribed under the Rules, is not established. Thus, in exercise of the powers conferred on the Authority under rule 6 (9) (b) of the Companies (Registered Valuers and Valuation) Rules, 2017, the application  for registration as a RV in asset class of L&B is rejected. INSOLVENCY […]

Registration as Valuer rejected for not responding to clarifications asked by IBBI

September 17, 2020 951 Views 0 comment Print

It is observed that the declaration made by the applicant in his application, regarding his professional experience, is not corroborated by the documents available on record. This goes against the following affirmation made by the applicant under section G3 of the application form – “This application and the information furnished by me along with this […]

Basic Customs Duty on Lentils (Mosur) reduced till 31.10.2020

September 17, 2020 717 Views 0 comment Print

Seeks to further amend notification No. 50/2017-Customs dated 30.06.2017 so as to reduce the Basic Customs Duty on Lentils (Mosur) for the period from 18th September, 2020 to 31st October, 2020. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 17th September, 2020 Notification No. 34/2020-Customs G.S.R. 567(E).—In exercise of the powers conferred by […]

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