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Archive: January, 2022

Posts in January, 2022

Biozyme sold in liquid form classifiable under chapter 310510099

January 18, 2022 1287 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 4227 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 20784 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 27153 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 930 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 6645 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.

Calcutta HC Quashes Section 148 notices issued after 31.03.2021 in 1083 Cases

January 18, 2022 22029 Views 0 comment Print

Calcutta High Court Quashes Notices under Section 148 of Income Tax Act, 1961 which were Issued After 31st March 2021 in 1083 cases. Bagaria Properties and Investment Pvt. Ltd. & 1082 Anr. Vs. U.O.I & Ors.

Amendment to Section 36(1)(va) & 43B of Income Tax Act not Retrospective

January 18, 2022 5388 Views 0 comment Print

ITAT hold that the amendment to section 36(1)(va) and 43B of the Act will not have application for the relevant assessment year, namely assessment year 2018-2019.

Provisions of section 115JB not applicable to banking company

January 18, 2022 2331 Views 0 comment Print

ITAT hold that the provisions of sec.115JB are not applicable to a banking company i.e. the assessee herein also. Having held that the provisions of sec.115JB are not applicable to the assessee, we are of the opinion that grounds No.19 to 22 need no adjudication at this stage.

Evaluation of existing Legislative Framework of Corporate Governance in India

January 18, 2022 5742 Views 0 comment Print

The study demonstrates that investors have begun to perceive company performance as a critical aspect when deciding to invest, particularly in light of the volatile climate in the capital market. Corporate governance generally thought to inspire, enhance, and retain investor trust by maintaining the continuing brand to increased productivity and expansion. Corporate governance has emerged […]

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