"13 August 2022" Archive - Page 4

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

Star CHA Management Services LLP Vs Commissioner of Customs (CESTAT Delhi)

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....

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

SRF Ltd Vs Union of India (Delhi High Court)

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 […]...

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ITAT Indore condones Delay of 3 years and 276 days

Bhopal Dugdh Sangh Sahakari Maryadit Vs DCIT (ITAT Indore)

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 [&hel...

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

Avana Global FZCO Vs DCIT (ITAT Mumbai)

‘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....

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

Bestpay Solutions Private Limited Vs Razorpay Software Private Limited (Karnataka High Court)

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 A...

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

Sparta Global Projects Pvt. Ltd. Vs KUGD Services Pvt. Ltd. (NCLAT, Delhi)

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...

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Posted Under: Custom Duty | |

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

Anil Dhir Vs State of Punjab (Punjab & Haryana High Court)

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. ...

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Tax credit cannot be denied for deposit under wrong head

Celerity Infrastructure Pvt. Ltd Vs DCIT (Delhi High Court)

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’....

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

Basudev Mittal Vs Union of India (Chhattisgarh High Court)

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 v...

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

Portech India Infoservices Pvt. Limited Vs Commissioner of Central Goods & Service Tax & Central Excise (CESTAT Delhi)

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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