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Archive: 26 November 2021

Posts in 26 November 2021

Step by Step Registration Process of ‘CS’ as a Trademark Agent in India

November 26, 2021 3690 Views 0 comment Print

Trademark agents or attorneys are licensed verified professionals who offer comprehensive legal inquiries regarding trademark filings, registrations, and appeals. In order to maintain brand representation, it is important to clarify the checks that are accompanied by a trademark register, which are called brand representative checks. A company secretary receives the privilege of a brand agent […]

Service of procuring export order for assessee cannot be termed as FTS

November 26, 2021 1044 Views 0 comment Print

In the services rendered by the non-resident of procuring export order for the assessee, no knowledge has been provided to the assessee which could be exploited further by the assessee. In such circumstances, the services rendered by the non-resident cannot be held as ‘FTS’ under the India-France DTAA.

Post substantial compliance denial of benefit of ITC on technicality is unsustainable in law

November 26, 2021 2799 Views 0 comment Print

there seems to be a consistent view that if there is substantial compliance, denial of benefit of Input Tax Credit which is a beneficial scheme and framed with the larger public interest of bringing down the cascading effect of multiple taxes ought not to be frustrated on the ground of technicalities. In view of the above, we are inclined to affirm the order of the learned Single Judge in directing the petitioner/ respondent to enable the respondent herein to file a revised Form TRAN-1, by opening of the portal and that such exercise is to be completed within a period of 8 weeks from the date of issue this order.

Customs duty already discharged cannot be re-collected from new purchaser

November 26, 2021 465 Views 0 comment Print

imported goods and therefore could not collect further amount against the amended bills of entry presented by the new purchaser cannot be a ground to issue a Show Cause Notice alleging attempt to claim an undue refund.

SEBI: Grant of recognition to BASL as an Accreditation Agency

November 26, 2021 957 Views 0 comment Print

Post examination of their application, BSE Administration and Supervision Limited (BASL), a wholly owned subsidiary of BSE Limited (BSE) has been granted recognition as an Accreditation Agency under Regulation 2(1) (aa) of SEBI (Alternative Investments Funds) Regulations, 2012

Review of provisions related to Preferential Issues Guidelines

November 26, 2021 3036 Views 0 comment Print

SEBI issues Consultation Paper on Review of provisions related to Preferential Issues Guidelines under Chapter V of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (ICDR Regulations)

Revocation of customs broker’s license on non-production of KYC documents of exporter is valid

November 26, 2021 1791 Views 0 comment Print

The appellant or its employee has not conducted any due diligence measures. They claimed to have obtained KYC documents through email but have failed to produce them either before the Inquiry officer or at any stage. The irresistible conclusion can only be that they have no such documents and also no idea of who the exporter was and simply filed a Shipping Bill heavily over-invoicing the goods. Held that revocation of customer broker licence due to non-production of KYC of the exporters is sustainable in law.

No necessity of extending benefit of cross-examination to assess tax on assets seized

November 26, 2021 654 Views 0 comment Print

There is no dispute that unaccounted cash and jewellery and valuables were recovered during the course of search conducted at the premises of the petitioner and the petitioner’s associates. These assets have to be taxed in the hands of the petitioner. To assess tax on the assets seized from the petitioner, there is no necessity for extending the petitioner the benefit of cross examination of witnesses.

Proper classification of tariff entry of manufactured sand depends on common parlance//popular meaning test

November 26, 2021 2082 Views 0 comment Print

‘Common Parlance Test, ‘Marketability Test; ‘Popular Meaning Test’ were tools for interpretation to arrive at a decision on the proper classification of tariff entry. Therefore, ‘manufactured sand’ would certainly fall under the entry ‘sand’, as it stood during the relevant period. The Notification dated 31.03.2015 was only clarificatory and that would not disentitle assessee to claim the reduced rate of tax at 5/5.5% under Entry 83 of the Third Schedule of the KVAT Act.

Claim of non-recovery of advances to employees/vendors as business loss was remanded back to AO.

November 26, 2021 4353 Views 0 comment Print

Giving advance to the employees as well as vendors were essential and wholly and exclusively linked to the business of the assessee. Since AO had not examined the claim of deduction u/s 37(1) r.w.s. 28, it was deemed appropriate to restore the issue to the files of AO for de novo consideration.

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