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Archive: 18 January 2022

Posts in 18 January 2022

Subordinate Legislation in the form of Statutory Rules is a ‘law’ U/s. 23 of Indian Contract Act: SC

January 18, 2022 2685 Views 0 comment Print

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India) 1. Leave granted. 2. The appellants are defendant 1(a), defendant 1(b) and second defendant in a Suit filed for specific performance. Defendant 1(a) and Defendant 1(b) have filed SLP(C)No.6858/2017 while defendant No.2 has filed SLP(C)No.6857/2017. The Trial Court while refusing specific performance, […]

Draft Valuation Standard 304 – Valuation of Assets in Extractive Industries

January 18, 2022 996 Views 0 comment Print

Following is the Exposure Draft of the ICAI Valuation Standard (ICAI VS) 304 Valuation of Assets in the Extractive Industries issued by the Valuation Standards Board of the Institute of Chartered Accountants of India, for comments.

Securities Transaction Tax (1st Amendment), Rules, 2022

January 18, 2022 1653 Views 0 comment Print

Person responsible for collection and payment of securities transaction tax in case of Insurance Company.- In the case of an insurance company, the person responsible for collection and payment of securities transaction tax in accordance with sub-sections (2), (3) and (4) of section 100 of the Act, shall be the managing director or a whole-time director, as defined in clauses (54) and (94) of section 2 of the Companies Act, 2013 (18 of 2013), duly authorised by the Board of Directors of such company in this behalf.

CBIC exempts BCD & IGST on goods imported for AFC Women’s Asian Cup India

January 18, 2022 735 Views 0 comment Print

CBIC exempts BCD and IGST on goods imported for the purpose of AFC Women’s Asian Cup India, 2022 vide Notification No. 1/2022-Customs dated : 18th January, 2022 MINISTRY OF FINANCE (Department of Revenue) New Delhi, the 18th January, 2022 Notification No. 1/2022-Customs G.S.R. 26(E).—In exercise of the powers conferred by sub-section (1) of section 25 of the Customs […]

Biozyme sold in liquid form classifiable under chapter 310510099

January 18, 2022 1062 Views 0 comment Print

Biostadt India Ltd Unit II Vs Commissioner of C.E. & S.T. (CESTAT Chandigarh) We find that appellant is clearing Biozyme in the packages of less than 10 litres or more than 10 litre cleared under chapter heading 31051000 was accepted by the department. With regard to the goods which are less than 10 litres, the […]

Leasing charges allowable as Revenue expense if lessee have no ownership right over leased asset

January 18, 2022 3432 Views 0 comment Print

ThoughtWorks Technologies (India) Private Limited Vs DCIT (ITAT Bangalore) As per clause 4 of the agreement between the assessee and the First Leasing (lessor) the asset shall remain the exclusive property of the lessor (First Leasing) at all times. It further provides that the lessee at no time during the lease period can capitalize the […]

Stare Decisis – Rule of Interpretation

January 18, 2022 19635 Views 1 comment Print

Stare decisis is also known as the concept of precedent, which means the decision taken by the higher courts shall be followed/binding on the lower courts, which stands as a precedent to the lower courts. This gives the law finality and maintains consistency and permanence. Principle settled, accepted, and acted upon for a long should […]

Petrol, Diesel Under GST is a Myth or Reality

January 18, 2022 25959 Views 0 comment Print

The GST journey began in the year 2000 when a committee was set up to draft law that will be known as Goods and Services Tax and it will subsume almost all indirect taxes and it will become One tax for One Nation however it has taken around 17 years from then for the Law […]

Matter involving large scale State Revenues should be disposed speedily: HC

January 18, 2022 696 Views 0 comment Print

Dalmia Refractories Limited Vs State of Tamil Nadu (Madras High Court) HC held that When large scale State Revenues are involved, more specifically, in mining operations, wherever writ petitions are entertained, the State must ensure that counter-affidavits and vacate stay petitions are filed immediately and the matter is taken up for hearing as expeditiously as […]

Assessee has a vested right to personal hearing | Section 144B | Faceless Assessment

January 18, 2022 6060 Views 0 comment Print

Section 144B | Faceless Assessment- An assessee has a vested right to personal hearing and same has to be given, if an assessee asks for it. The right to personal hearing cannot depend upon the facts of each case.

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