"20 November 2020" Archive - Page 3

Termination of Anti-Dumping Investigation on imports of Mono Ethylene Glycol

Case No. (O.I.) 21/2019 20/11/2020

Termination Case No. (O.I.) 21/2019- Termination of Anti-Dumping Investigation concerning imports of Mono Ethylene Glycol originating in or exported from Kuwait, Oman, Singapore and UAE....

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No GST on value of by-products i.e., broken rice, bran & husk by treating as part of milling charges: HC

Shiridi Sainadh Industries Vs Deputy Commissioner ST INT (Andhra Pradesh High Court)

Shiridi Sainadh Industries Vs Deputy Commissioner ST INT (Andhra Pradesh High Court) Writ Petition is allowed and the impugned Assessment Order passed by the 1st respondent vide Ref. No.CGST/ 2017-18/05 dated 29.10.2018 in so far as it relates to the levy of GST on the value of by-products i.e., broken rice, bran and husk treating [&helli...

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NAA directs DGAP to reinvestigate Subway franchisee & to exercise its powers

Director-General of Anti-Profiteering Vs Dange Enterprises (National Anti-Profiteering Authority)

Director-General of Anti-Profiteering Vs Dange Enterprises (National Anti-Profiteering Authority) We observe that as an investigating agency, the DGAP has been conferred with wide-ranging powers under Rules 129 and 132 of the CGST Rules read with Section 171 of the CGST Act, 2017 to summon any relevant record which may be required for con...

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HC penalises advocate for Professional Misconduct

Nirmla Devi Vs State of H.P. (Himchal Pradesh, Shimla High Court)

Nirmla Devi Vs State of H.P. (Himchal Pradesh, Shimla High Court) It is more than settled that practice of law is not akin to any other business or profession as it involves a dual duty – nay a primary duty to the Court and then a duty to the litigant with the privilege to address […]...

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SC stays HC order on Drawback Limitation for SCN under Drawback Rules

Union of India Vs Famina Knit Fabs (Supreme Court)

Union of India Vs Famina Knit Fabs (Supreme Court) Drawback Limitation for SCN under Drawback Rules, 1995 and saving of SCNs, for earlier period, issued after Drawback Rules, 2017 The Supreme Court has stayed the operation of the Punjab & Haryana High Court’s 2019 decision wherein the High Court had held that any notice issued [&hel...

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SC issues notice on continuance of prosecution despite payment of Income Tax with Penalty & Interest

Union of India Vs Prabir Kumar Shaw & Anr. (Supreme Court of India)

Union of India Vs Prabir Kumar Shaw & Anr. (Supreme Court) Learned counsel for the petitioner contends that merely because the penalty and tax have been paid, the prosecution under Sections 276C, 277 and 278B of the Income Tax Act could not have been quashed. He further submits that similar issues are already under consideration [&hel...

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No revision if assessment order was not prejudicial to interests of Revenue

Shri Jitendra Patidar (L/H of Late Shri Satyanarayan Patidar) Vs Pr. CIT (ITAT Indore)

Provisions of section 263 could be invoked when twin conditions i.e. the assessment order was erroneous and prejudicial to the interest of Revenue were satisfied. Revision under section 263 could not be invoked if assessment order was not prejudicial to the Revenue....

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Royalty paid for Licence to Manufacturing/Sale & Technical Know-How having enduring benefit is Capital Expense

Telco Construction Co. Ltd. Vs ACIT (Karnataka High Court)

Telco Construction Co. Ltd. Vs ACIT (Karnataka High Court)  Thus, from perusal of the relevant clauses of the agreement, it is clear that the assessee is a joint venture company and under the agreement has been granted non transferable licence to manufacture / assemble the Hitachi licence products within the territory using technical kno...

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ITAT Sustains Addition for Cash Gifts Received for Marriage, Anniversary & Cancer Treatment from Relatives as evidence was absent

Late Smt. Vineeta Singh Vs ACIT (ITAT Delhi)

The issue under consideration is whether addition made by AO for the cash gifts found in search which is received at the time of marriage and anniversary and cash for cancer treatment is justified in law?...

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Section 195 TDS Applicable on Software Purchase Expenses incurred by Distributor

Kaseya Software India Private Limited Vs DCIT (ITAT Bangalore)

The issue under consideration is whether the CIT(A) is correct in stating that TDS u/s 195 applicable on software expenses without appreciating the fact that appellant was merely acting as a distributor and not having right to have a copy of the software?...

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