"17 March 2023" Archive

Copyright Laws In India

The Copyright laws gained its recognition during 15th century under British Empire. Thereafter, the Copyright Act amended from time to time. Copyright Act is the right given to creators or originators by law to safeguard their work. The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958. The Act has been amended five [...

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Posted Under: Corporate Law |

GST under RCM applicable on tobacco leaves/bhukko from agriculturist

 In re JCP Agro Process P Ltd. (GST AAR Gujarat)

In re JCP Agro Process P Ltd. (GST AAR Gujarat) In case of purchase of tobacco leaves/bhukko from the agriculturist, the applicant is liable to pay GST on RCM basis at 5% [2.5% CGST and 2.5% SGST] in terms of[Notification No. 1/2017-Central Tax (Rate), dated 28-6-2017], Sr. No. 109 of Schedule I. Applicant is liable […]...

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Classification & rate of GST applicable on supply of PVC floor mats [Cars]

In re Manishaben Vipulbhai Sorathiya (AAR Gujarat)

AAR hold that impugned goods i.e. PVC floor mats for use in cars supplied by applicant is classifiable under CTH 8708 & applicable rate of GST would be 28% [14% each of CGST and SGST]....

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Provisional Attachment Under GST With Case Laws

Section 83 of the CGST Act empowers the Commissioner to attach provisionally any property, including bank account, belonging to the taxable person or any person specified in sub-section (1A) of section 122. The other limbs of this section are that: 1. That action of provisional attachment may be taken after the initiation of any proceedin...

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Posted Under: Corporate Law |

What Is ISO 9001:2015 – Quality Management Systems?

 The ISO 9000 family is a set of five quality management systems (QMS) standards that help organizations ensure they meet customer and other stakeholder needs within statutory and regulatory requirements related to a product or service. Out of which ISO 9001 is defined as the international standard that specifies requirements for a quali...

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Posted Under: Corporate Law |

If provisions of DTAA more beneficial then it supersedes provisions of income tax

Reverse Age Health Services Pte Ltd. Vs DCIT (ITAT Delhi)

ITAT Delhi held that the provisions of a DTAA (Double Taxation Avoidance Agreement) supersedes the provisions of the income tax Act in case their application is more beneficial....

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Refund post finalization of provisional assessment u/r 9B of Central Excise Rules not hit by unjust enrichment

Commissioner of GST & Central Excise Vs Royal Enfield (Unit of M/s.Eicher Motors Ltd.) (CESTAT Chennai)

CESTAT Chennai held that unjust enrichment is not applicable to refund consequent upon finalization of provisional assessment under Rule 9B of Central Excise Rules, 1944....

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Matter restored to CIT(A) and cost imposed for continuous non-compliance to notice of CIT(A)

Kista Goud Idgi Medak Vs ITO (ITAT Hyderabad)

ITAT Hyderabad restore the issue to file of CIT(A)-NFAC as non-appearance before CIT(A)-NFAC due to unavoidable circumstance. Further, due to continuous non-compliance to the statutory notices issued by CIT(A)-NFAC, cost of INR 10,000 imposed to be paid to PM’s Relief Fund....

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Projectors capable of being a video projector, classifiable under 85286900

In re Supertron Electronics Pvt. Ltd (CAAR Delhi)

In re Supertron Electronics Pvt. Ltd (CAAR Delhi) It is evident that the projectors in question are designed for use with an automatic data processing machine. It also appears that the subject goods has got additional ports which may make it capable of being a video projector, classifiable under 85286900. In this regard, it may […]...

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Posted Under: Corporate Law | |

ICSI approves ICSI Social Audit Standards

The Institute of Company Secretaries of India has approved the ICSI Social Audit Standards covering all the sixteen areas of activities listed by the Regulatory Authorities, where a Social Enterprise can operate to be eligible to register on the Social Stock Exchanges. The same can be accessed at: https://www.icsi.edu/media/webmodules/ICS...

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Posted Under: Corporate Law |

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April 2023