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Archive: 06 January 2021

Posts in 06 January 2021

Anti-Dumping duty on Melamine extended till 28th Feb, 2021

January 6, 2021 2031 Views 0 comment Print

Seeks to further amend notification No. 2/2016-Customs (ADD) dated 28th Jan, 2016 to extend the levy of Anti-Dumping duty on Melamine originating in or exported from China PR, up to and inclusive of 28th Feb, 2021. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 6th January, 2021 Notifications No. 1/2021-Customs (ADD) G.S.R. 7(E).—Whereas, […]

SC: HC can entertain writ against Sec 16(2) Order of Arbitrator only in exceptional cases

January 6, 2021 6501 Views 0 comment Print

Writ petition under Article 226/227 against an order under Sec 16(2) of an Arbitrator can be entertained only in exceptional cases, therefore, the High Court should not have used its inherent power to interject the arbitral process at this stage.

RODTEP & Advance Authorization

January 6, 2021 20532 Views 0 comment Print

The United States lodged a complaint against India before WTO on 14.03.2018 alleging that export subsidies provided by India under five sets of measures viz. the Export Oriented Units, Electronics Hardware Technology Park and Bio-Technology Park (EOU/EHTP/BTP) Schemes;

Rule 36(4) – An additional condition to avail ITC under GST

January 6, 2021 207369 Views 2 comments Print

[Ref: Notification No. 94/2020-Central Tax dated 22nd December, 2020] We all are aware that recently, in exercise of the powers conferred by Section 164 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), the Central Government, on the recommendations of the Council, has issued a Notification No. 94/2020-Central Tax dated 22nd December, […]

GST: Power to attach Bank Account cannot be used in absence of statutory precondition

January 6, 2021 4059 Views 0 comment Print

Power to attach the bank account must therefore be exercised only in strict compliance with the statutory power, and could not be extended to cover situations which were not expressly contemplated by the section. Absent the statutory precondition for exercise of the power of attachment, any order under Section 83 was wholly illegal and unsustainable. 

Setting off of unabsorbed depreciation against income after lapse of 8 years allowable

January 6, 2021 2124 Views 0 comment Print

Unabsorbed depreciation pertaining to the assessment year 1997-98 to 2001-02 can be carry forward and adjusted after the lapse of eight assessment years in view of the section 32(2) as amended by the Finance Act, 2001. 

Invoice Furnishing Facility (IFF) for Taxpayers under QRMP Scheme

January 6, 2021 33102 Views 5 comments Print

1. An Invoice Furnishing Facility (IFF) facility has been provided to taxpayers under QRMP Scheme (Quarterly filers of Form GSTR-1 and also of Form GSTR-3B returns), as per sub-rule (2) of Rule-59 of the CGST Rules, 2017. Taxpayers who have opted for quarterly filing frequency under the scheme can file their details of outward supplies […]

Clause (vii) of Notification No. 30/97-Customs cannot be read in isolation

January 6, 2021 717 Views 0 comment Print

Commissioner Of Customs Vs Motorola India Limited (Karnataka High Court) The tribunal on the basis of advance licences issued to the respondent and the standard input output norms has recorded a finding that the respondent was allowed to import 2% in excess to provide for the wastage. It is also pertinent to mention here that […]

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