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Archive: November, 2020

Posts in November, 2020

Spot collection of tax illegal when assessment for respective year was pending

November 26, 2020 951 Views 0 comment Print

Ganesh Lubricants (Properietor – P. Surendrakumar) Vs Commercial Tax Officer (Madras High Court) The primary ground for challenge is that the spot collection of taxes is wholly illegal and unwarranted, when the assessment for the respective year is still pending. It is settled law that recovery of tax inspecting officials (Enforcement Wing) is illegal. In […]

Sunset Review of Anti-Dumping duty imposed on imports of ‘Float Glass’

November 26, 2020 1146 Views 0 comment Print

FINAL FINDINGS Case No. SSR 02/2020- Sunset Review of Anti-Dumping duty imposed on imports of ‘Float Glass’ originating in or exported from China PR. The Authority notes that the investigation was initiated and notified to all interested parties and adequate opportunity was given to the Domestic Industry and other interested parties to provide information on the aspects of dumping, injury, likelihood of dumping and injury and the causal link.

Definitive Anti-dumping duty imposed on Certain Float Glass-Reg.

November 26, 2020 2304 Views 0 comment Print

MTR Case No. 01/2020 Mid-Term Review to review the product scope of definitive Anti-dumping duty imposed on Certain Float Glass originating in or exported from China PR.

CBIC prescribes BCD rate of 27.5% on Crude Palm Oil

November 26, 2020 855 Views 0 comment Print

Notification No. 43/2020-Customs- Seeks to further amend notification No. 50/2017-Customs dated 30th June, 2017 so as to prescribe BCD rate of 27.5% on Crude Palm Oil. GOVERNMENT OF INDIA MINISTRY OF FINANCE (Department of Revenue) Notification No. 43/2020-Customs New Delhi, the 26th November, 2020 Seeks to further amend notification No. 50/2017-Customs dated 30th June, 2017 […]

Section 12AA registration cannot be denied without recording dissatisfaction about objects of trust

November 26, 2020 1662 Views 0 comment Print

Balika Vidyalaya Educational & Cultural Trust Vs CIT (Exemptions) (ITAT Cuttack) We find that as per the provisions of section 11 & 12 of the Act, the income derived from property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt from tax provided such Trusts or Institutions are […]

NAA finds Electronic Mart India guilty of Profiteering on Monitors & TVs

November 26, 2020 1770 Views 0 comment Print

M. Srinivas Vs Electronics Mart India Ltd. (NAA) The brief facts of the case are that an application dated 29.03.2019 was filed by the Applicant No. 1, under Rule 128 (1) of the CGST Rules, 2017 before the Standing Committee on Anti-Profiteering alleging profiteering by the Respondent in respect of supply of Monitors and TVs […]

Consider afresh declaration under SVLDRS 2019 & grant consequential relief: HC directs Designated Committee

November 26, 2020 987 Views 0 comment Print

G. R. Palle Electricals Vs Union of India & Ors. (Bombay High Court) As has been held by us in Thought Blurb Vs. Union of India, decided on 27.10.2020, the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 is a beneficial one with the prime object of unloading the baggage of pending litigations centering around service […]

Metal Nuts with & without metrical threading falls under HSN 87089900

November 26, 2020 2181 Views 0 comment Print

In re A Raymond Fasteners India Pvt. Ltd (GST AAAR Maharashtra) The Maharasthra Appellate Authority for Advance Ruling set aside the Advance Ruling No. GST-ARA-47/2019-20/B-33, dated 17.03.2020, pronounced by the MAAR. Further hold that the impugned goods, i.e., Metal Nuts with metrical threading, Metal Nuts without metrical threading, and Metal Spring Nuts, will be considered […]

CCI (Procedure in regard to transaction of business relating to combinations) Amendment Regulations, 2020

November 26, 2020 1626 Views 0 comment Print

These regulations may be called the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2020.

IBBI Discussion Paper on Voluntary Liquidation Process

November 26, 2020 1698 Views 0 comment Print

Section 59 under Chapter V of Part II of Insolvency and Bankruptcy Code, 2016 (Code) read with the IBBI (Voluntary Liquidation Process) Regulations, 2017 (Voluntary Liquidation Regulations) provides that a Corporate Person (CP) may initiate voluntary liquidation proceedings if two conditions are met: (a) the CP has no debt or is in a position to pay all the debts; and b) the CP is not being liquidated to defraud any person. Such a declaration should be made by a majority of directors, partners or individuals constituting governing board, as the case may be, of the CP.

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