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Archive: 13 January 2022

Posts in 13 January 2022

AAAR upheld AAR Ruling on GST Rate on Dosai/Idli/Tiffin/Health/Porridge Mixes & HSN code

January 13, 2022 2121 Views 0 comment Print

The appellant stated that they are manufacturing and selling the mixture of flour of grains/cereals, pulses mixed with spices and condiments, that their products are mainly used for preparing Indian Dishes like Idly Mixes, Dosai Mixes, Tiffen Mixes (Adai Mavoo, Millet Adai Mix, Uzhunthakali Mavoo, Ready Idiyappam, Bajji Mix), Health Mixes and Porridge Mixes.

18% GST applicable on Electronic Toys as against 12% on other Toys

January 13, 2022 2649 Views 0 comment Print

In re Navbharat Imports (GST AAAR Tamilnadu) The appellants stated that they are regular importers and traders of toys from various countries, that they sell these goods in India, in retail as well as through E-Commerce platforms. They added that they also intend to manufacture these toys in India in future, that the toys proposed […]

Air India agreed to be governed by EPF Act

January 13, 2022 1260 Views 0 comment Print

M/s Air India Limited and the majority of its employees have agreed that the provisions of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (19 of 1952)should be made applicable them. OFFICE OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER (DELHI & UTTARAKHAND) (Employees’ Provident Fund Organisation) NOTIFICATION New Delhi, the 13th January, 2022 No. […]

No Service Tax payable in absence of clauses pertaining to Consideration in Contract

January 13, 2022 2271 Views 0 comment Print

B.G. Exploration & Production India Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Conclusion: In present facts of the case, the Hon’ble Tribunal observed that allowed appeals on the ground that consideration cannot be deciphered out from any clauses of the Contract and without consideration Service Tax cannot be demanded. Facts: The issue involved in these […]

HC imposes cost on GST officer for seizure of goods without any justification

January 13, 2022 3948 Views 0 comment Print

Shri Surya Traders Vs Union of India (Allahabad High Court) Admittedly, the petitioner have sold the goods to two different registered dealers. The petitioner being a registered dealer have duly issued two tax invoices of the goods in question. The authorities have not disputed the issuance of tax invoices. An adverse view has been drawn […]

HC refuses to interfere in arbitral process- Dismisses writ challenging appointment of arbitrator

January 13, 2022 2343 Views 0 comment Print

Subramaniyan N.N Vs. Anwar. C.K (Kerala High Court) Sub-section (2) of Section 13 of the Arbitration and Conciliation Act, 1996 lays down the procedure to challenge the appointment of an arbitrator. True, sub-section (4) of Section 13 provides that if such a challenge is not successful, the arbitral tribunal shall continue the arbitral proceedings and […]

Reopening of assessment not allowed for mere verification of claim

January 13, 2022 3012 Views 0 comment Print

For a mere verification of the claim, the power of re-opening of the assessment could not be exercised and it further held that AO under the guise of power to re-open the assessment cannot seek to undertake an undertaking a fishing or roving inquiry or seek to verify the claim as if he is the scrutiny officer.

Nobody has a fundamental right to a public holiday – Bombay HC

January 13, 2022 2049 Views 0 comment Print

Kishnabhai Nathubhai Ghutia Vs Administrator Union Territory (Bombay High Court) Whether or not to declare a particular day as a public holiday or an optional holiday or no holiday at all is as a matter of government policy. There is no legally enforceable right that can be said to have been infringed. Nobody has a […]

Grant of recognition to CDSL Ventures Limited as an Accreditation Agency

January 13, 2022 1452 Views 0 comment Print

Pursuant to SEBI Circular dated August 26, 2021 on modalities for implementation of the framework for Accredited Investors, applications have been received from entities for recognition as Accreditation Agency, which shall issue Accreditation certificate to the investors seeking accreditation.

Petty expenses by Companies cannot be disallowed on adhoc basis

January 13, 2022 981 Views 0 comment Print

YKM Holdings Pvt. Ltd. Vs DCIT (ITAT Delhi) We find that, out of total expenses of Rs.10,96,510/- on the travelling and conveyance, a sum of Rs.7,99,769/- was incurred on booking of tickets and remaining for boarding and lodging, which is evident from the details given in the paper book at page 2. For booking of […]

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