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Archive: 13 August 2022

Posts in 13 August 2022

Non reporting of change in constitution by Customs Broker – CESTAT upheld Penalty

August 13, 2022 735 Views 0 comment Print

Regulation 13 of CBLR, 2013 lays down that change of constitution of a Customs Broker needs to be communicated within 60 days from the date of such change for grant of license under Regulation 7.

DSIR statutorily bound to issue Form 3CL within 120 days: HC

August 13, 2022 5556 Views 0 comment Print

SRF Ltd Vs Union of India (Delhi High Court) Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule […]

ITAT Indore condones Delay of 3 years and 276 days

August 13, 2022 528 Views 0 comment Print

Bhopal Dugdh Sangh Sahakari Maryadit Vs DCIT (ITAT Indore) The registry has informed that the appeal has been filed after a delay of 3 years and 276 days. The Ld. AR submitted that the assessee is a co-operative society registered under the provisions of M.P. Co-operative Society Act, 1960, engaged in the production and distribution […]

Inland Haulage Charges received by Shipping Companies not Taxable as Business Profit

August 13, 2022 1959 Views 0 comment Print

‘IHC’ cannot be disintegrated from profit derived from shipping business as envisaged under Article -8 of India-UAE DTAA. Ergo, ‘IHC’ are not taxable as business profit in India.

HC explains Arbitration Clause contained in an agreement with respect to composite transaction

August 13, 2022 651 Views 0 comment Print

Bestpay Solutions Private Limited Vs Razorpay Software Private Limited (Karnataka High Court) 1. The petitioner is before this Court seeking for the following reliefs:- “A. Pass An Order U/S 11(6) of the Arbitration & Conciliation Act, 1996 appointing a sole arbitrator as per agreement dated entered on dated: 18/11/2020 to the Arbitration and Conciliation Centre, […]

Service of notice Effected as Per Master Data Details – NCLAT Sets Aside NCLT Order Rejecting CIRP Initiation

August 13, 2022 570 Views 0 comment Print

Appellant submits that Appellant has served the Notice by email to the Director of the Corporate Debtor and further the observations of the Adjudicating Authority that Applicant has not placed on record the Master Data of the Corporate Debtor is not correct since in the Application itself the Master Data of the Corporate Debtor was filed

Section 27 of General Clauses Act Presumes Service of Statutory Notice In Favour of Complainant

August 13, 2022 10887 Views 0 comment Print

Section 27 of the General Clauses Act, as per which, a presumption is raised in favour of the complainant that the notice had, in fact, been delivered.

Tax credit cannot be denied for deposit under wrong head

August 13, 2022 663 Views 0 comment Print

There is no dispute that petitioners deposited taxes, however, the mistake which petitioners have committed is that they deposited tax under minor head ‘200’ instead of ‘400’.

Alleged purchase from suspicious & fake suppliers – HC declines Bail to accused

August 13, 2022 1023 Views 0 comment Print

Basudev Mittal Vs Union of India (Chhattisgarh High Court) It is alleged that the applicant has illegally availed Input Tax Credit of more than Rs.5,00,00,000/- by purchasing the goods from several suspicious and fake suppliers whose registration had already been cancelled. During search, it also came to the forefront that more than 700 vehicles, against […]

CESTAT recommends Contempt proceeding for issue of SCN after passing of final order

August 13, 2022 939 Views 0 comment Print

Assistant Commissioner issued show cause notices after passing of final order by Tribunal, with respect to subject matter of refund, was wholly against provisions of law

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