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Exemption available unconditionally to notified goods imported from ASEAN countries

July 7, 2022 2112 Views 0 comment Print

Appellant is entitled to claim the benefit of under Sl. No. 1335 of Notification No. 46/2011-CUS because the exemption is available unconditionally under the notification to all goods falling under 851190 imported from ASEAN countries

Sale of Corporate Debtor, as a Going Concern’, covers both assets & liabilities

July 7, 2022 6396 Views 0 comment Print

Sale of Corporate Debtor as a Going Concern as is where is basis under Regulation 32 A of the IBBI (Liquidation Process) Regulations, 2016 and the Code means sale of assets as well as liabilities and not assets sans liabilities.

Reopening by officer having no jurisdiction vitiate the entire proceedings

July 7, 2022 2727 Views 0 comment Print

Reopening the assessment under section 148(2), by officer having no jurisdiction over the appellant, vitiate the entire reassessment proceedings initiated against the appellant.

Non-completion of disciplinary proceedings, after adequate opportunities, untenable

July 7, 2022 5124 Views 0 comment Print

More than adequate opportunities to complete the disciplinary proceedings arising from Departmental Charge Sheet dated 16.07.2015 had been granted by the CAT firstly in 2016, and then again in 2020. Extension rightly not granted

Proceeds of cash sales deposited in bank- addition unjustified

July 7, 2022 4074 Views 1 comment Print

Assessee consistently deposited sale proceeds realized by way of cash, such deposit is in accordance with law, addition deleted

Deduction u/s 80IB(10) available to partly owned individuals

July 7, 2022 1074 Views 0 comment Print

Form no. 10CCB clearly states that the undertaking is partly owned. Sale proceeds are also deposited equally in individual account. Deduction u/s 80IB(10) allowed

Setting aside order enhancing value, which was already accepted by the importer, unjustified

July 7, 2022 1389 Views 0 comment Print

Held that importer already accepted the enhanced value determined by the assessing officer, setting aside the said order on casual observation by the Commissioner (Appeals) is unsustainable in law

Development fee, taken to corpus fund, allowable as capital receipt

July 7, 2022 4542 Views 0 comment Print

Held that the development fees received from students for acquisition of Fixed Assets and utilized for acquisition of Capital Assets, taken directly to corpus fund, is allowed as capital receipt

Completion of CIRP against principal debtor doesn’t bar financial creditor against personal guarantor

July 7, 2022 1569 Views 0 comment Print

Held that conclusion of Corporate Insolvency Resolution Plan against principal debtor does not bar Financial Creditor against Personal Guarantor. Accordingly, personal guarantor declared insolvent and insolvency resolution process initiated against him.

Mere conjecture to disassemble branded product not enough for duty recovery

July 7, 2022 1482 Views 0 comment Print

Commissioner of Customs (Import) Vs Ankit Enterprises (CESTAT Mumbai) Held that the goods have been imported, and presented, separately and independently; no evidence, other than conjecture about the conspiracy to disassemble branded products. Recovery of duty not sustainable. Facts- The assessees imported television sets, video compact disc (VCD) players, and music systems in disassembled form. […]

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