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Archive: 27 January 2022

Posts in 27 January 2022

All you want to know about e-Aadhaar Card

January 27, 2022 10047 Views 0 comment Print

The present article covers all the basic topics one needs to know about e-Aadhaar Card like the benefits of e-Aadhaar card; information listed on an e-Aadhaar card; download of e-Aadhaar card; download of e-Aadhaar by name and birth date; masked Aadhaar card and download thereon and FAQs. Benefits of e-Aadhaar Card- Benefits of e-Aadhaar Card […]

CIT cannot direct Assessing Officer to initiate penalty proceedings

January 27, 2022 2439 Views 0 comment Print

Vijay D. Patel Vs CIT (ITAT Ahmedabad) It is clear that post amendment to section 271(1)(c) w.e.f. 1-4-2002 authorizing the commissioner also initiate penalty u/s 271(1)(c), the CIT still cannot direct the Assessing Officer to initiate penalty proceedings while exercising his revisionary power u/s. 263 of the act. The decision of the Jurisdictional High Court […]

Cenvat Credit Refund claim cannot be denied solely on Technical Reasons

January 27, 2022 2544 Views 0 comment Print

CESTAT set aside the order passed by the Revenue Department rejecting the appeal filed for refund claim by the assessee. Held that, the refund claim of input services under GST cannot be denied solely on technical reasons.

Equal Pay For Equal Work” Not A Fundamental Right: SC

January 27, 2022 5865 Views 0 comment Print

State of Madhya Pradesh Vs R.D. Sharma (Supreme Court of India) It may be noted that Supreme court has consistently held that the equation of post and determination of pay scales is the primary function of the executive and not the judiciary and therefore ordinarily courts will not enter upon the task of job evaluation […]

Look into TDS deducted from Motor Accident Compensation Awards & lying as Unclaimed: SC directs Govt

January 27, 2022 6150 Views 1 comment Print

Bajaj Allianz General Insurance Company Private Ltd. Vs Union of India (Supreme Court of India) Learned ASG has pointed out that insofar as our direction (v) of our order dated 16.11 2021 we had dealt with the aspect of Tax Deduction at Source (TDS) in Motor Accident Claims at two different rates from 10% to […]

Cricket Match Fixing not amounts to Cheating under section 420 of IPC

January 27, 2022 2520 Views 1 comment Print

Abrar Kazi Vs State of Karnataka (Karnataka High Court) It is true that if a player indulges in match fixing, a general feeling will arise that he has cheated the lovers of the game. But, this general feeling does not give rise to an offence. The match fixing may indicate dishonesty, indiscipline and mental corruption […]

If assessee resold goods imported from AE without any value addition, than most appropriate method for determining ALP is RPM

January 27, 2022 816 Views 0 comment Print

Randox Laboratories India Private Limited Vs ACIT (ITAT Bangalore) The core issue arising for consideration is, whether the international transaction relating to purchase of reagents, spares, consumables from the AE is a simple trading activity, hence, can be benchmarked under RPM. Before we advert to the core issue, it is necessary to understand the activities […]

Mis-classification of Imported Goods- HC permits re-export of good on Furnishing of Bank Guarantee

January 27, 2022 1539 Views 0 comment Print

Additional Director General Vs Hazel Mercantile Ltd (Gujarat High Court) t appears from the materials on record that the respondent No.1 herein imported goods declaring the same to be ‘Naphtha’ classified under CTH 27101229. The goods were imported at the Kandla Port vide the Bills of Entry. It appears that the respondent No.2 herein – […]

Deficiencies in investigation or in first SCN cannot be made good in second SCN

January 27, 2022 3150 Views 0 comment Print

It is trite that the deficiencies in the investigation or incorrect demand in the first show cause notice cannot be made good in the second show cause notice and subsequent show cause notice alleging suppression of facts again is not reasonable since repeated issuance of notices would result in revisiting the concluded proceedings and reopening of the proceedings at any point of time.

CCI can Investigate Anti-Competition Element in Lottery Tendering Process: SC

January 27, 2022 1080 Views 0 comment Print

Competition Commission of India Vs State of Mizoram (Supreme Court of India) The Supreme Court has ruled that the Competition Commission of India (CCI) cannot be prevented from investigating anti-competition Element in the tendering process of lotteries on grounds of lottery business outside the ambit of commercial intercourse. We must take note of the expansive […]

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