Follow Us:

Archive: July, 2022

Posts in July, 2022

No penalty for mis-declaration of origin of goods without any evidence of deliberate mis-declaration

July 10, 2022 1725 Views 0 comment Print

Shobha Plastics Pvt Limited Vs Commissioner of Customs (CESTAT Ahmedabad) The Principal Commissioner of Customs Ahmedabad vide impugned order has imposed penalty under section 112 (a) of the Act upon the appellants Jayesh Mehta and Harshad Vadodaria on the ground that appellants herein have aided and abetted the importer in importing the goods by way […]

Non-business expense cannot be claimed as Business expense to set-off against house property Income

July 10, 2022 3225 Views 0 comment Print

C. Krishniah Chetty & Co. Pvt. Ltd. Vs ITO (ITAT Bangalore) The grounds raised by the assessee, are only seeking set off of current year loss against income from house property and carry forward of loss to the future years amounting to Rs.76,26,766/-. The Ld.AR vehemently submitted that, the assessee incurred expenses in terms of […]

Consultancy charges paid for introduction of client is not FTS

July 10, 2022 912 Views 0 comment Print

Hemera India Pvt. Ltd Vs DCIT (ITAT Delhi) ITAT held that once the revenue admitted that they were consultancy charges paid for introduction of client then that would fall in the definition of payments made to intermediary or liaison agents for channelizing, arranging or soliciting work order. There is no finding whatsoever that any inquiry […]

No Excise Duty or Reversal of Cenvat Credit on Removal of Empty packaging

July 10, 2022 588 Views 0 comment Print

CESTAT held that assessee is not liable for payment of either excise duty or cenvat credit under Rule 6(3) of the Cenvat Credit Rules, 2004 on empty packaging material of cenvatable input.

Section 5 of Limitation Act applies to Arbitration Reference under National Highways Act

July 10, 2022 8583 Views 0 comment Print

Admittedly, no limitation is provided for filing an appeal under Section 3G(5) of National Highways Act, 1956. Therefore, it can be construed, as held in the aforesaid judgments, that Article 137 of the Limitation Act would stand applicable to such cases.

No protection under IBC against interest claim of a partner

July 10, 2022 1434 Views 0 comment Print

NCLT held that IBC does not protect the interest or claim of a Partner against another Partner or the Partnership Firm.

Statement at Interim Injunction stage is Not a First Statement- Section 8 A&C Act

July 10, 2022 1125 Views 0 comment Print

Respondent cannot be presumed to have submitted to the jurisdiction of Court and waived its right to arbitration when it had reserved its right to take appropriate legal proceedings against plaintiff.

Article 226 cannot be invoked if petitioners have statutory remedy before NCLAT

July 10, 2022 579 Views 0 comment Print

Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India.

NI Act | Circumvention of due process of law not allowed – Section 482 of Crpc

July 10, 2022 675 Views 0 comment Print

The process of law cannot be taken recourse to circumvent the due procedure prescribed in law. There is further no reason why the petitioner cannot take recourse to institution of appropriate proceedings before the competent authorities in accordance with law.

ITAT deletes Section 271G penalty for non-submission of comparable prices of diamonds

July 10, 2022 660 Views 0 comment Print

DCIT Vs Interjwel private limited (ITAT Mumbai) The assessee submitted that in a diamond business world over there are estimated 8000 – 10,000 different qualities of diamonds price of which depends on various factors and note to diamonds can have the same price as valuation also depends upon the perception of individual businessman. Assessee therefore […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031