"09 July 2023" Archive

Pollution Control Board issues Show Cause Notice to 479 Brand Owners

File No: CP-20/80/2021-UPC-II-HO-CPCB-HO-Part(1) 09/07/2023

Central Pollution Control Board (CPCB) has taken action against 479 brand owners for non-compliance with the Plastic Waste Management Rules, 2016. Learn about the Extended Producer Responsibility (EPR) regime, the show cause notice, and the consequences of violating the rules....

Competition Act: Guide to Appreciable adverse effect of Competition

A comprehensive guide to The Competition Act, 2002 in India, highlighting anti-competitive agreements, relevant case laws, and the power of the Competition Commission of India to impose penalties....

Posted Under: Corporate Law |

Convertible Notes and SAFEs: Emerging Trend in Startup Financing

Dive into the world of startup financing with insights on convertible notes and SAFEs – the emerging trend in India and abroad. Discover their significance for startups and investors, their role in fundraising, and key considerations for choosing between convertible notes and priced equity. For expert guidance on implementing convertibl...

Posted Under: Corporate Law |

DIN on Income Tax Notice & Validity of Notice without DIN

Explore the importance of Document Identification Number (DIN) in Income Tax Notices in India, how it enhances tax administration, its legal implications, and recent judicial pronouncements concerning DIN validity....

Posted Under: Corporate Law |

Correct classification of ‘tomato dry flavour’ is CTH 3302 10 10

Symrise Private Limited Vs Commissioner of Customs (CESTAT Chennai)

CESTAT Chennai held that as Chapter Heading 3302 covers both natural and/or synthetic mixtures of odoriferous substances, ‘tomato dry flavour’ is correctly classifiable under CTH 3302 10 10 instead of 2106 90 60....

Provisions of section 14A doesn’t apply in banking companies were shares & securities are held as stock

Karur Vysya Bank Ltd Vs ACIT (ITAT Chennai)

ITAT Chennai held that in case of banking companies were shares & securities are held as stock in trade, dividend income is considered as business income, and consequently, provisions of Sec.14A of the Act, cannot be applied....

Services relating to construction of roads etc. to Government authorities is exemption vide notification 25/2012-ST

Shree Kankeshwari Enterprise Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)

CESTAT Ahmedabad held that services related to construction of roads etc. the Government authorities/ agencies are covered under Mega Exemption of Service Tax notification no. 25/2012-ST and hence demand unsustainable....

CENVAT credit on warranty services eligible as such service are in relation to manufacture

Delta Electronics India Pvt Ltd Vs Commissioner of C.G.ST (CESTAT Hyderabad)

CESTAT Hyderabad held that the services provided to fulfil warranty obligation would be eligible as input services being a service in relation to manufacture. Further, also the warranty charges were included in the assessable value of goods sold to the customers....

Extended period not invocable in absence of suppression of facts with an intent to evade payment of service tax

Mount Everest Breweries Limited Vs Commissioner of CGST & Central Exicse (CESTAT Delhi)

CESTAT Delhi held that extended period of limitation cannot be invoked in absence of suppression of facts with an intent to evade payment of service tax. Here, it was merely suppression of facts but intent to evade payment of service tax was absent....

Invocation of extended period not justified as there was no wilful suppression of facts

Godrej Consumer Products Limited Vs Commissioner of Central Excise (CESTAT Chennai)

CESTAT Chennai held that as the demand was raised on the basis of the books of accounts which was not hidden from the department, there was no wilful suppression or mis-statement of facts with intent to evade tax and hence invocation of extended period not justified....

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