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Archive: November, 2021

Posts in November, 2021

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

November 26, 2021 3720 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 654 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 1182 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 3618 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 2337 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 927 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 2763 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 5715 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.

Credit of story & screenplay, doesn’t acknowledge copyright of film to author

November 26, 2021 1653 Views 0 comment Print

S.J.Suryah (a.k.a. S.Justin Selvaraj) Vs S. S. Chakravarthy (Madras High Court) Facts- According to appellant, the credit for the story, screenplay and dialogue pertaining to the film ‘Vaalee’ was given to him. The appellant argued that the Trial Court had erred in granting interim injunction, merely because the Petitioner could not produce the written agreement […]

Genuineness of the transaction is to be proved by the person who substantially asserts the same

November 26, 2021 8235 Views 0 comment Print

A transaction needs to be proved to be genuine by the person who substantially asserts the same. Once the assessee has been called upon to prove the genuineness of the trading of the shares leading to LTCG gain, the onus lies upon him which he fails to discharge in the present matter.

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