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Archive: December, 2022

Posts in December, 2022

Higher depreciation @60% allowable to UPS and printers

December 23, 2022 1587 Views 0 comment Print

ITAT Chennai held that UPS and Printers being part of a computer systems and hence eligible for higher depreciation at the rate 60%

Analysis of Maharashtra AAAR ruling with Regards to Composite Supply In GST

December 23, 2022 1917 Views 0 comment Print

Analysis of Maharashtra AAAR ruling on Composite Supply under GST – Learn about M/s. Kasturba Health Societys case and its implications for GST

Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022

December 23, 2022 49794 Views 0 comment Print

The narcotic drugs, psychotropic substances and controlled substances seized under the Act shall be classified based on physical properties and results of the drug detection kit, if any, and shall be weighed separately.

Cess/Surcharge is not allowed as business expenditure u/s 37 of the IT Act, 1961

December 23, 2022 3969 Views 0 comment Print

Supreme Court in JCIT v. M/s. Chambal Fertilizers & Chemicals Limited held that the term tax under Section 40(a)(ii) of the Income Tax Act, 1961 should also include cess.

Section 60(5) of IBC 2016 is a provision with a non-obstante clause: HC

December 23, 2022 1857 Views 0 comment Print

Section 60(5) makes it discernible that it is a provision with a non-obstante clause that ‘notwithstanding anything contrary contained in any other law’ gives a jurisdiction to the NCLT to entertain or dispose of any application or proceeding by or against the corporate debtor or corporate person;

Charge of double benefit will sustain only when assessee claims refund and utilise it for payment of duty

December 23, 2022 666 Views 0 comment Print

CESTAT held that, the refund cannot be denied on the ground of double benefit to Appellant due to non-transfer of unutilized CENVAT credit. Further, interest was allowed under Section 11BB of Central Excise Act, 1944 for delay of refund.

Remuneration including bonus to partners should be within permissible limit u/s 40(b)

December 23, 2022 546 Views 0 comment Print

ITAT Delhi held that total allowance of the remuneration (including bonus) to the partners has to be within the permissible limit of provisions of section 40(b) of the Income Tax Act.

SEBI initiates Study of fees and expenses charged by Mutual Funds

December 23, 2022 594 Views 0 comment Print

As an ongoing exercise to continuously align regulatory provisions to reflect the market dynamics and their impact on investor interest, SEBI conducts various reviews in consultation with the stakeholders.

Circular restricting prosecution after age of 70 years doesn’t permit escape route for wrong dead

December 23, 2022 6807 Views 0 comment Print

Delhi High Court held that circular/ instruction no. 5051 dated 07.02.1991 states that prosecution normally be not initiated against a person who has attained the age of 70 years at the time of commission of offence. However, petitioner cannot be permitted to take benefit of Circular/ Instruction No. 5051 dated 07.02.1991 to find an escape route for the wrong committed by him.

Once assessment of shipping bill has attained finality, classification of goods cannot be subsequently questioned

December 23, 2022 1473 Views 0 comment Print

CESTAT Ahmedabad held that as assessment of shipping bills has attained finality, classification of goods cannot be questioned subsequently by the Customs.

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