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Archive: August, 2022

Posts in August, 2022

Enhanced value for imports cannot be adopted merely based on acceptance by importer

August 26, 2022 1389 Views 0 comment Print

In spite of admission on behalf of the importer, Revenue is required to satisfy requirements prescribed under Section 14 of Customs Act read with Customs Valuation Rules before any enhancement of valuation.

Summary of SCN In GST DRC-01 cannot Substitute Proper SCN requirement

August 26, 2022 4182 Views 0 comment Print

Roushan Kumar Chouhan Vs Commissioner of State Tax (Jharkhand High Court) Summary of Show Cause Notice in Form GST DRC-01 cannot substitute the requirement of a proper show cause notice under section 73(1) of the CGST Act, 2017? [Ref: Roushan Kumar Chouchan vs. Commissioner of State, Jharkhand & Ors in writ petition (T) No. 1849 […]

Regulatory Overview of Investment Advisors In India

August 26, 2022 15084 Views 0 comment Print

Investment Advisor is a person or an organization who gives an ‘investment advice’ to another person in exchange of monetary value. Investment Advisor plays multiple roles, including financial planner, financial advisor, investment advisor, portfolio manager, and also tax savings advisor.

Physical verification of registered office of company

August 26, 2022 2535 Views 0 comment Print

As per sub Section 9 of Section 12 of the Companies Act, 2013 read with the Companies (Incorporation) Rules, 2014 If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner […]

ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

August 26, 2022 909 Views 0 comment Print

In this case, AO pass order levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

GST on Agricultural manually hand operated Seed dressing, Coating & Treating drum

August 26, 2022 2664 Views 0 comment Print

In re Adarsh Plant Protect Ltd (GST AAAR Gujarat) What is the HSN and applicable tax on ‘Agricultural manually hand operated Seed dressing, Coating and Treating drum’? The main issue to be decided here is the classification of the product viz. “Agricultural manually hand operated Seed dressing, Coating and Treating drum” and to decide applicable […]

‘Power Sip’ Flavoured milk classifiable under CTH 22029930

August 26, 2022 1542 Views 0 comment Print

Flavoured milk sold under trade name of Power Sip is not classifiable under Tariff Heading 0402/0404 but classifiable under CTH 2202 99 30.

Vishwanath Builders guilty of profiteering in its project ‘Sarathya’

August 26, 2022 1617 Views 0 comment Print

Mahendra Kishanlal Prajapati Vs Vishwanath Builders (NAA) The Authority finds that the benefit of additional Input Tax Credit of 3.75% of the turnover has accrued to the Respondent for the project ‘Sarathya’. This benefit was required to be passed on to the recipients. Thus, Section 171 of the CGST, 2017 has been contravened by the […]

Delhi HC admit petition against Section 148A(d) order & grants interim relief

August 26, 2022 2682 Views 1 comment Print

Logix Infratech Private Limited Vs DCIT (Delhi High Court) Present writ petition has been filed challenging the order dated 28th July, 2022 passed under Section 148A(d) along with notice dated 28th July, 2022 issued under Section 148 of the Income Tax Act, 1961 (‘the Act’) for the assessment year 2013-14 and the proceedings initiated pursuant […]

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1959 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

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