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Archive: February, 2022

Posts in February, 2022

Joint commissioner is directed to quantify the duty, bond amounts etc. and release black pepper consignment

February 13, 2022 1479 Views 0 comment Print

The captioned matter pertains to import of Black Pepper of Sri Lankan origin, seizure of the same on alleged grounds of over valuation to circumvent a custom notification and the captioned matter pertains to release of consignment under Section 110A of ‘the Customs Act, 1962.

Yoga, Physical, Mental and Spiritual Practices – Taxability under GST

February 13, 2022 34152 Views 0 comment Print

‘Educating and training physical, mental and spiritual practices of Yoga’ are classifiable under Physical well-being including health club and fitness centre” Services under HSN code 999723 and liable to 18% GST.

Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 1191 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

ITAT upholds DRP’s Order deleting Section 234B Interest payable by Taxpayer

February 13, 2022 912 Views 0 comment Print

We have carefully perused the orders of the authorities below. We find that the interest levied u/s 234B of the Act was deleted by the DRP relying upon the decision of the Hon’ble Jurisdictional High Court of Delhi in the case of GE Packaged Power 373 ITR 65 in which the Hon’ble High Court followed the decision in the case of Agence France Press 2015-TII-14-HC-DEL-Intl. From the scrutiny report, on DRP’s directions, the AO has accepted the deletion. But since the matter is subjudice before the Hon’ble Supreme Court, these appeals have been preferred.

What is Form INC 20A Business Commencement Form?

February 13, 2022 10647 Views 0 comment Print

INC-20A is a Declaration for Commencement of Business form. According to the new section 10A(1)(a), of the Companies Act, 2013, and Rules 23A of the Companies (Incorporation) Rule 2014, it is imperative for a director of an incorporated company to file an INC 20A form with the Registrar of Companies (RoC). The company cannot conduct […]

GST Authority should follow procedure under Section 70 of CGST Act: HC

February 13, 2022 2643 Views 0 comment Print

Dhariwal Products Vs Union of India (Rajasthan High Court) By way of the instant writ petition, the petitioner seeks to assail the action of the respondent GST Department and its officials in conducting search and seizure of the petitioner’s premises, coercing the petitioner to deposit a huge sum of Rs.11.5 crores during the course of […]

Commissioner (A) has the power of remand: CESTAT

February 13, 2022 1656 Views 0 comment Print

Commissioner of Central Tax Vs Yahoo Services Development India Pvt. Ltd. (CESTAT Bangalore) We find that the appeals filed by the department is on two grounds, one is that the commissioner (A) has no power to remand and the other ground is that nexus between input services and services exported is not established. However, we […]

Rule in Foss Vs. Harbottle and Personal Rights of Members

February 13, 2022 161535 Views 0 comment Print

Foss v. Harbottle is a landmark English case in the company law, which is known for the propounding of ‘proper plaintiff rule’ and ‘majority rule’. While the rule in Foss v. Harbottle is well laid, there exist certain exceptions to it of which personal rights enjoy a rather strong immunity to its application. In light […]

Service Tax not leviable on Container Detention Charges & Toll Tax

February 13, 2022 2514 Views 0 comment Print

Tiger Logistics (India) Ltd. Vs Commissioner of Service Tax (CESTAT Delhi) To retain the container beyond the pre-holding period is neither a service provided on behalf of the client (Business Auxiliary Service) nor is it an infrastructural support in the business of either the shipping lines or the customer (Business Support Service). Such charges can […]

Amount received on account of share capital cannot to be treated as business income

February 13, 2022 1746 Views 0 comment Print

We find that the provisions of section 56(2)(viib) of the Act are applicable only for consideration for issue of shares received by a company from any person who is a resident. Admittedly, the monies have been received in the instant case by the assessee company from a non-resident. Hence the provisions of section 56(2)(viib) of the Act are also not applicable in the instant case.

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