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Archive: 09 April 2023

Posts in 09 April 2023

Pre-bail granted in the event of arrest under the Prevention of Corruption Act, 1988

April 9, 2023 4428 Views 0 comment Print

Supreme Court directed release of appellant on bail in the event of Court chooses to remand them to custody under Prevention of Corruption Act, 1988.

CIDCO can decide technical qualification of bidder based on opinion of MSETCL

April 9, 2023 1044 Views 0 comment Print

CIDCO were the best judge to consider compliance with technical and financial conditions. MSETCL was consulted by CIDCO, both on account of the fact that the project had been undertaken by CIDCO on behalf of MSETCL as well as the execution of the same under the supervision of MSETCL. Therefore, the order of CIDCO was upheld in holding BNC to be technically qualified.

Departmental appeal dismissed as time-barred on failure to establish date of receipt of order by reviewing authority

April 9, 2023 2286 Views 0 comment Print

CESTAT Chennai held that as department failed to provide any evidence to establish the date on which Order-in-Original was received by the reviewing cell. Hence delay in filing of appeal by department dismissed as time-barred.

Payment of late filing fees u/s 234E for tax deduction prior to 01/06/2015 unjustified

April 9, 2023 2844 Views 0 comment Print

ITAT Hyderabad held that notices issued under section 200A of the Act for computation and intimation for payment of late filing fees under section 234E of the Act relating to the period of tax deduction prior to 01/06/2015 are not maintainable.

Freezer deposits taxable in year of termination of agreement between supplier & distributor

April 9, 2023 1386 Views 0 comment Print

ITAT Cochin held that freezer deposits is taxable only on the year of termination of the agreement between the assessee (supplier) and the dealer/ distributor.

Writ accepted in case of cancellation of GST registration due to non-formation of GST Tribunal

April 9, 2023 1485 Views 0 comment Print

Andhra Pradesh High Court allowed the writ petition in the matter of cancellation of GST registration on account of non-filing of GST return as GST Tribunal has not been constituted.

Enhancement of Value of copper scrap on LME price not justified in case of non-acceptance by assessee

April 9, 2023 1623 Views 0 comment Print

Assessee-company had not accepted the enhancement of the value as they had requested for passing a speaking order in terms of Section 17(5) of the Customs Act, 1962. Further viewed that Commissioner (Appeals) had not adduced any evidence in support of his finding that assessee had accepted the enhancement of the value of the goods, therefore, assessee should be given sufficient opportunity for presenting their defence and also personal hearing be given before passing a speaking order.

Purchase of immovable property outside India by Resident Individuals

April 9, 2023 16923 Views 0 comment Print

According to section 6(4) of the FEMA, a person resident in India can hold, own, transfer or invest in any immovable property situated outside India if such property was acquired, held or owned by him/her when he/she was resident outside India or inherited from a person resident outside India.

Liberalised Remittance Scheme (LRS) for Residents – FAQs

April 9, 2023 17976 Views 3 comments Print

Under the Liberalised Remittance Scheme, all resident individuals, including minors, are allowed to freely remit up to USD 2,50,000 per financial year (April – March) for any permissible current or capital account transaction or a combination of both. Further, resident individuals can avail of foreign exchange facility for the purposes mentioned in Para 1 of Schedule III of FEM (CAT) Amendment Rules 2015, dated May 26, 2015, within the limit of USD 2,50,000 only.

Whether approval of Committee of Creditor is necessary for appointment of Transaction/Forensic Auditor?

April 9, 2023 3534 Views 0 comment Print

Explore the necessity of Committee of Creditors approval for the appointment of Transaction/Forensic Auditor under Section 18 of the Insolvency and Bankruptcy Code, 2016. Understand the role of Forensic Auditors in identifying PUFE Transactions and ensuring compliance with IBC regulations.

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