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Archive: 17 June 2021

Posts in 17 June 2021

Cigarette Sticks not declared in IGM: CESTAT quashes Penalty as No Opportunity of Cross-Examination given

June 17, 2021 462 Views 0 comment Print

Explore the CESTAT Ahmedabad case of Majhar Muzaffar Hussain Sayed vs. C.C.-Mundra. Delve into the nuances of penalties imposed, cross-examination demands, and the remand for a fresh decision.

High seas purchase: Cenvat/Service Tax credit cannot be denied for some gap left in statute

June 17, 2021 816 Views 0 comment Print

Mammon Concast Pvt. Limited Vs Commissioner of Central Goods and Service Tax, Customs & Central Excise (CESTAT Delhi) Admittedly the melting scrap purchased by the appellant on high sea sale, is their input for manufacture of M.S. I further find that Rule 9(1) of Cenvat Credit Rules provides that cenvat credit shall be taken by […]

No anticipatory bail granted to journalist who alleged of cheating depositors through ponzi schemes

June 17, 2021 1002 Views 0 comment Print

High Court had refused to grant anticipatory bail to assessee-journalists who being accused of cheating depositors through Ponzi schemes as assessee had been indicted in an economic offence which was of serious in nature and the larger angle of conspiracy with regard to patronage of political and other persons in growth of such ponzi firms were required to be unearthed, no effective investigation could be made by the police by enlarging assessee on pre-arrest bail, even if he was ready and willing to cooperate with the investigation by remaining on pre-arrest bail.

Income from Sale/Purchase of property by Real Estate Agent is Business Income

June 17, 2021 15330 Views 1 comment Print

ITO Vs Suresh Babu Vasireddy (ITAT Hyderabad) The assessee is basically engaged in the business as a real estate agent in Hyderabad deriving commission income. The modus operandi of the business activity is that of identifying properties for sale in Hyderabad and simultaneously identify the interested buyers and sell the properties with a marginal profit. […]

HC refuses anticipatory bail to wife of accused in GST Scam

June 17, 2021 774 Views 0 comment Print

Prime facie, there are serious and specific allegations leveled against the petitioner in the FIR in question for which her custodial interrogation would be imperative, more so, since she allegedly removed crucial documents having a direct link with the proceedings, which were pending against her and her husband under the CGST Act.

SC held absolute confiscation of Peas And Pulses but re-export allowed subject to recovery of redemption fine

June 17, 2021 2013 Views 0 comment Print

The Court ordered the absolute Confiscation of Peas and Pulses but if the importer concerned opted for re-export, within another period of two weeks from today, such a prayer for re- export might be granted by the authorities after recovery of the necessary redemption fine and subject to the importer discharging other statutory obligations. If no such option was exercised within prescribed time, the goods should stand confiscated absolutely.

BIS certification not mandatory for import of HARC

June 17, 2021 6081 Views 0 comment Print

Refusal to issue customs clearance to the High Alumina Refractory Cement (HARC) imported – demand for production of BIS certificate for the goods imported by the petitioners

Interplay between TDS u/s 194Q and 206C(1H)

June 17, 2021 21351 Views 8 comments Print

Department introduced the TCS on sales of goods by introduction of section 206C(1H) w.e.f 1st Oct-2020. Thus bringing the goods under the ambit of TCS. They did not stopped here and went a step further and proposed to introduce TDS on goods by introduction of section 194Q w.e.f from 1st July-21. Thus drastically changing the […]

Quick review of Legal & Procedural aspects of Merger & Amalgamation

June 17, 2021 5367 Views 0 comment Print

Explore legal aspects of merger and amalgamation (M&A) under Companies Act, 2013. Learn about valuation, NCLT, approvals, and post-merger compliance.

Impact of Finance Act 2021 on survey cases under section 133A

June 17, 2021 5697 Views 2 comments Print

The Finance Act 2021 brought a new re-assessment procedure in respect of an income which has escaped assessment and also in survey, search and seizure cases. In this brief write up I will confine myself only to the impact of new provisions on cases where survey U/S 133A is conducted after 01/04/2021. The Explanatory Memorandum […]

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