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Archive: September, 2022

Posts in September, 2022

Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable

September 21, 2022 3621 Views 0 comment Print

Held that penalty u/s 112(a) imposed on customs broker is justified as importer of undeclared goods and undervalued goods is not traceable and the address as well as GST registration reflected in the documents are found to be fake.

Novation of MOU with execution of Supplemental Agreement cannot decided U/s. 11 of Arbitration Act

September 21, 2022 2217 Views 0 comment Print

All questions relating to novation of the MOU with the execution of the Supplemental Agreement and the significance of reference to the terms of the MOU in Clause-13 of the Supplemental Agreement, which touch upon the jurisdiction of the sole Arbitrator to enter reference of the dispute, must be decided by the sole Arbitrator as required under Section 16 of the Arbitration Act.

Company IPO – Due Diligence and Filling

September 21, 2022 12795 Views 2 comments Print

Discover the importance of due diligence and filling in company IPOs. Learn about the role of intermediaries like registrars and monitoring agencies.

Basics of Gratuity

September 21, 2022 9639 Views 1 comment Print

Understanding the Basics of Gratuity Learn about the applicability of the Payments of Gratuity Act 1972 and the benefits it offers to employees.

Excise Duty: Losses up to 1% allowed without detailed Scrutiny

September 21, 2022 1794 Views 0 comment Print

1981 Circular of the Board clarifies that losses of up to 1% can be allowed without detailed scrutiny and loss above 1% can be condoned after scrutiny, we find no reason to not condone losses in these cases as claimed.

Write-off of Advances after closure of books not allowable

September 21, 2022 1062 Views 0 comment Print

Maharashtra Film Stage and Cultural Development Corporation Ltd. Vs ACIT (ITAT Mumbai) The assessee had written off the bad debt as per the Board Resolution dt.5.6.2009 after the closing of books of accounts. The Assessing Officer had disallowed the claim on the ground that books of accounts were closed on 31.3.2009 whereas bad debts were […]

CESTAT allows CENVAT credit on MS items used for fabricating & installing plant 

September 21, 2022 588 Views 0 comment Print

There is no dispute that the MS items were used for fabricating and installing paint plant within the premises of the appellant. The said paint plant is also integral to the manufacturing activity. After appreciating the facts and applying the decision in the case of India Cements Ltd. (supra), CESTAT hold that the credit availed on MS items has to be allowed to the appellant. 

Taxable services rendered for transmission of electricity are exempt

September 21, 2022 2523 Views 0 comment Print

Held that benefit of exemption under notification dated 20.07.2010 is available if the taxable services are rendered for transmission/ distribution of electricity.

Tax Concessions Disputes are Not Arbitrable: SC

September 21, 2022 1233 Views 0 comment Print

Enterprises Coal Sales Pvt Ltd Vs Union of India (Supreme Court of India) Appellant moved a writ petition before the High Court seeking, inter alia, the following reliefs: “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no.2 to accept, Form C and issue Form E-1 to the […]

Breach of Settlement Agreement terms Not A Ground to Trigger CIRP

September 21, 2022 1512 Views 0 comment Print

NCLT held that breach of the terms and conditions of payment according to a Settlement Agreement does not come under the purview of the Operational Debt as defined under the IBC, 2016 and it cannot be a ground to trigger CIRP against the Corporate Debtor.

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