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Archive: 11 March 2022

Posts in 11 March 2022

ITAT deletes addition for surcharge accrued/levied on electricity bills but not realized

March 11, 2022 480 Views 0 comment Print

DCIT Vs Dakshin Haryana Bijli Vitran Nigam Ltd. (ITAT Delhi) The only dispute in this appeal is with regard to the addition of Rs.328,69,90,916/-, on account of non-inclusion of “surcharge accrued/levied on electricity bills yet not realized during the year” in the assessee’s total income. ITAT held that There is no dispute over the fact […]

HC directs VAT dept to allow rectification of Bonafide Error in Tax Period of Challan

March 11, 2022 2115 Views 0 comment Print

La Mode Fashions Private Limited Vs Commissioner, Value Added Tax (Delhi High Court) The short question that arises for consideration before this Court is the remedial measure by which the inadvertent and bonafide error can be corrected. Respondent has suggested a methodology in paragraphs 5 and 6 of the counter affidavit, as aforementioned. This methodology, […]

CHA liable for penalty for allowing misuse of license by lending it to unscrupulous persons

March 11, 2022 3279 Views 0 comment Print

R.S. Arunachalam Vs Commissioner of Customs (CESTAT Chennai) These appeals are filed against the orders passed by Commissioner (Appeals) who set aside the order passed by original authority and remanded the matter to reconsider the non-imposition of penalty on the appellants under Section 114 of the Customs Act, 1962. M/s.R.S. Arunachalam is the Customs Broker […]

Prior to issuance of DGFT Notification dated 18/12/2019, gold was freely importable

March 11, 2022 1365 Views 0 comment Print

Rajesh Exports Ltd. Vs Commissioner of Customs (CESTAT Bangalore) As per the Notification dated 18/12/2019, it has been held that after issuance of the Notification dated 18/12/2019, only Nominated agencies can import the gold with end use condition which otherwise means that prior to issuance of the Notification dated 18/12/2019, the gold was also freely […]

Issue of Commercial Paper

March 11, 2022 25389 Views 1 comment Print

Commercial Paper (CP) is a short term debt instrument issued by Companies to raise funds for a time period of not more than one year. It is an unsecured money market instrument which is typically used to meet the short term funding requirements. Features: (i) It is issued in the form of a promissory note; […]

No capital gains tax on sale of TDRs in absence of cost of acquisition

March 11, 2022 11295 Views 0 comment Print

ITO Vs Kirit Raojibhai Patel (ITAT Mumbai) Sale of transferable development rights did not attract capital gains tax since the cost of acquisition for the same did not exist. Held: AO held that transferable development rights (TDRs) arising out of an existing land was an immovable property, the transfer of such TDRs amounted to transfer […]

SEBI directed Dish TV to disclose AGM results within 24 hours

March 11, 2022 1377 Views 0 comment Print

In Re Dish TV India Limited & Ors (SEBI) SEBI, vide its order dated 07th March, 2022 directed Dish TV Ltd to disclose the result of its annual general meeting held on 30th December, 2021 within 24 hours. The order further stated that according to SEBI LODR, Regulations, 2015 it is mandatory for every listed […]

Pre-Pack Insolvency Resolution Plan: An Opportunity to Revisit the State of Operational Creditors

March 11, 2022 1440 Views 0 comment Print

Fair and equitable treatment of the operational creditors (‘OC’) has been a much-debated issue in the realm of insolvency and bankruptcy law, many jurists and writers have criticized the Section 53 of the Insolvency and Bankruptcy Code (‘IBC’) and even called it an “unjust act” mainly owing to the inherent inequality based on which it operates.

Application of Doctrine of Necessity in Quasi Judicial Cases – Refund of Service tax in GST Regime

March 11, 2022 4323 Views 3 comments Print

The Honorable Madras High Court allowed Credit of Service Tax Paid under RCM which could not be availed as Transitional Credit under GST following the Principle of Doctrine of Necessity.

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