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Revocation of customs broker license upheld for facilitating fraudulent exports

December 12, 2023 690 Views 0 comment Print

CESTAT Delhi upheld revocation of Customs Broker license on failure to make appropriate enquiries of their client and for facilitating fraudulent highly under-valued exports.

Steel balls classifiable under Chapter Heading 8482

December 12, 2023 891 Views 0 comment Print

CESTAT Chandigarh held that steel balls are classifiable under the Chapter Heading 8482 9900 and not under Chapter Heading 8714 as contended by revenue. Accordingly, duty demand set aside.

Security Deposit Forfeiture justified for Customs Broker’s Failure to Proactively Fulfill Obligations

December 12, 2023 1110 Views 0 comment Print

CESTAT Mumbai held that forfeiture of security deposit justified as Customs Broker failed to act in a proactive manner in fulfilling their obligation as Customs Broker, particularly when the import documents were obtained from the importers through an intermediary.

Revocation of customs broker license unjustified as suspension for two years enough

December 12, 2023 1386 Views 0 comment Print

CESTAT Mumbai held that revocation of Customs Broker license unjustified as punishment suffered by being out of Customs broker business for about two years is enough to mitigate case of violations or contraventions of CBLR, 2018.

Additional evidence proving sales promotion expense not hit by Medical Regulation need fresh examination

December 12, 2023 630 Views 0 comment Print

ITAT Mumbai held that additional evidences submitted contesting that sales promotion expenses are not hit by the Medical Council Regulations. Accordingly, matter set aside for fresh examination as such additional evidences require examination at the end of AO.

Burden to deposit money not casted on deductee with regard to tax retained by payer

December 11, 2023 1239 Views 0 comment Print

Delhi High Court held that the Income Tax Act does not seem to cast a burden on the deductee/payee with regard to the deposit of money, which is retained as tax, by the payer i.e., the deductor.

Conviction of accused based on mere possession and recovery of currency notes without proof of demand unsustainable

December 8, 2023 1065 Views 0 comment Print

Himachal Pradesh High Court held that mere possession and recovery of currency notes from an accused without proof of demand would not enable the court to convict the accused. The proof of demand, thus, has been held to be an indispensable essentiality for an offence under Sections 7and 13 of the PC Act.

Reasoned order is to be passed by NCLT for non-approval of resolution plan

December 7, 2023 1107 Views 0 comment Print

Supreme Court that the Adjudicating Authority (NCLT) has jurisdiction only u/s. 31(2) of the Code, which gives power not to approve only when the Resolution Plan does not meet the requirement laid down u/s. 31(1) of the Code, for which a reasoned order is required to be passed.

Entire reassessment proceeding illegal without issuance of notice u/s. 143(2)

December 7, 2023 1401 Views 0 comment Print

ITAT Hyderabad held that entire re-assessment proceeding is illegal and deserves to be quashed in absence of mandatory issue of notice under section 143(2) of the Income Tax Act.

Payment of club membership fees for employees allowable as business expenditure

December 7, 2023 7248 Views 0 comment Print

ITAT Mumbai held that club membership fees for employees are to be treated as business expenditure of a company under section 37 of the Income Tax Act.

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