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Cancellation of licence unacceptable if Distribution License Rules duly complied: SC

October 13, 2022 1302 Views 0 comment Print

Supreme Court held that the appellant-JSPL is duly complying with the prescription in Explanation to Rule 3 of Distribution License Rules and hence cancellation of licence is unjustified.

Bombay High Court grants Bail to Anil Deshmukh

October 13, 2022 1434 Views 0 comment Print

Bombay High Court in a bail application relating to money laundering matter held that the material on record does indicate that the Applicant has been suffering from multiple ailments. Further, the Applicant appears to have roots in society. The possibility of fleeing away from justice seems remote. Accordingly, bail granted

Inequitable or unfair advantage not adequate ground to allow interference to Arbitral Award

October 13, 2022 357 Views 0 comment Print

Madras High Court held that interference with Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground of inequitable nature or unfair advantage not justified

Support services and reimbursement of expenses not taxable in India in terms of India-USA DTAA

October 13, 2022 2007 Views 0 comment Print

ITAT Delhi held that both support services and reimbursement of expenses are not in nature of Fees for Included Services (FIS) under India – USA DTAA and hence not taxable in India.

Allegation of conversion of unaccounted money needs sufficient evidence

October 13, 2022 753 Views 0 comment Print

ITAT Mumbai held that in the absence of any evidence on allegation that some person provided the entry to convert unaccounted money for getting benefit of LTCG in the grab of exempt LTCG u/s 10(38) of the Income Tax Act the same cannot be accepted.

Issuance of notice u/s 148A based on adequate information is tenable

October 13, 2022 2619 Views 0 comment Print

Orissa High Court held that notice issued u/.s 148A of the Income Tax Act clearly demonstrates that the Assessing Authority had in possession of information about deposit of cash in the banks and hence the same is tenable in law

Judgment pronounced without reasoning is not judgement in eye of law

October 13, 2022 2508 Views 0 comment Print

NCLAT held that when judgment is pronounced without reasoning, it is not a judgment in the eye of law for the reason that the requirement of reasoning either by Original Court or Appellate Authority is to convey the mind of the judge while deciding such an issue before the Tribunal.

Limitation period invocable only when there is intention to evade tax

October 13, 2022 876 Views 0 comment Print

CESTAT Hyderabad held that extended period of limitation can be invoked only when there is willful suppression of facts with an intention to evade payment of service tax.

Foreseen resale of capital investment doesn’t lose its capital nature

October 13, 2022 360 Views 0 comment Print

Calcutta High Court held that the capital investment and resale do not lose their capital nature merely because the resale was foreseen and contemplated when the investment was made.

Assessing ‘fruit pulp’ based on sale price of ‘fruit juice’ unjustified

October 13, 2022 312 Views 0 comment Print

CESTAT Mumbai held that the goods are to be assessed in the form they are produced for assessment. Accordingly, goods cleared as fruit pulp cannot be assessed and duty cannot be demanded on the basis of sale price of fruit juice.

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