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Archive: 10 November 2020

Posts in 10 November 2020

Anti-Dumping Duty on flax fabrics (Flax content more than 50%)

November 10, 2020 987 Views 0 comment Print

Notification No. 35/2020-Customs (ADD) -seeks to impose Anti-Dumping Duty on flax fabrics (having flax content of more than 50%) imported from China and Hong Kong for a period of 5 years. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 35/2020-Customs (ADD) New Delhi, the 10th November, 2020 G.S.R. (E). – Whereas, the […]

Denial of IGST refund for export goods through Foreign Post Offices

November 10, 2020 2304 Views 0 comment Print

Petitioner states that the refund has been denied to the petitioner on the sole ground that petitioner had exported goods through Foreign Post Offices in August and September 2017, while Notification dated 04th June, 2018 read with circular no. 14/2018-Customs dated 04.06.2018 has notified exports by post Regulations, 2018 w.e.f. 21st June, 2018 which provides for an entry to be presented to proper officer at the Foreign Post Office of clearance.

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST

November 10, 2020 843 Views 0 comment Print

HC Allows Petitioner Retrospective Registration under Tamil Nadu GST. Court directs the respondents to consider the petitioner’s representation, dated 14.09.2020 seeking for validation of his registration from 01.07.2017 itself and pass final orders on merits and in accordance with law.

Enforcement of contractual restrictions on transfer of shares not incorporated in AOA of a company

November 10, 2020 5469 Views 1 comment Print

Enforcement of contractual restrictions on the transfer of shares which are not incorporated in Articles of Association (AOA) of a company One of the first judgments of the Supreme Court on enforcement of contractual restrictions on the transfer of shares, is the landmark case of V.B. Rangaraj vs. V.B. Gopalkrishnan and others on 28th November, 1991, […]

Midnight GST Summons for on spot examination & other Issues

November 10, 2020 3231 Views 0 comment Print

Observations of Telangana High Court in Agarwal Foundries Private Limited Rama Towers Vs Union of India pronounced on 06-11-2020 in a case where both revenue and assesse made counter allegations of physical assault on each other on various issues as under: a) Whether midnight summons can be issued for on spot examination ? It was […]

Loan amount waived by the bank is taxable income or not?

November 10, 2020 4113 Views 0 comment Print

Kothari International Trading Limited Vs ACIT (Madras High Court) The only point to be decided herein is whether the loan amount waived by the bank is taxable income or not. As already stated, in the decision referred by the learned counsel for the appellants in the case of CIT Vs. Mahindra and Mahindra, the assessees […]

Rights issue of units by an unlisted Infrastructure Investment Trust (InvIT)

November 10, 2020 1167 Views 0 comment Print

Chapter VIA of the of SEBI (Infrastructure Investment Trusts) Regulations, 2014 (InvIT Regulations) provides the framework for private placement of units by InvITs which are not eligible to be listed. In exercise of powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 and Regulation 33 of the InvIT Regulations […]

No penalty if no deliberate attempt to evade payment of taxes

November 10, 2020 1305 Views 0 comment Print

Advent Computer Services Ltd. Vs ACIT (ITAT Chennai)  It is an admitted fact that assessee has not reported capital gain derived from transfer of equity shares in pursuant to the direction of the Hon’ble High Court of Madras for amalgamation of M/s. i Theories Business Factory India Pvt. Ltd., with the assessee company, even though […]

50 Transfer/postings in the grade of JCIT/Additional CIT

November 10, 2020 1422 Views 0 comment Print

Office Order No. 219 of 2020 The following transfer/postings (Local changes) of the officers in the grade of Joint Commissioner/Additional Commissioner of Income Tax, are hereby ordered with immediate effect and until further orders: 

Refund for Export of Goods Can’t be Rejected Merely for export of Goods through Foreign Post Office

November 10, 2020 2544 Views 0 comment Print

The issue under consideration is whether the denial of the refund to the petitioner against exports of goods outside India on the sole ground that petitioner had exported goods through Foreign Post Offices is justified in law?

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