Collector of Stamps committed a manifest error in not at all adverting to the fact that the Charity Commissioner had determined the value of the trust property by following requisite process to ensure the best value, and determining the market value of the trust property on the sole premise that there was a vast difference in the value determined by the Deputy Director and the value at which the Charity Commissioner accorded sanction for sale.Therefore, the court remitted back the matter to the Collector of Stamps for fresh adjudication after providing an opportunity of hearing to assessee.
Suit ought not to have been rejected outright under Order VII Rule 11 CPC on the ground that the pleas taken by the appellants/plaintiffs were barred under Section 4(3) of the unamended Benami Act. It would therefore be imperative to weigh the evidence in the instant case for the court to conclusively decide as to whether the appellants/plaintiffs can succeed in their claim that the respondent No.1 was holding the suit premises in a fiduciary capacity, for the benefit of all the family members.
Comparison of activities undertaken /functions performed was important for determining the comparability between controlled and uncontrolled transactions/entity.
Liability of Purchase Tax under Section 12 of the Tamil Nadu Value-added Tax Act, 2006 was not attracted in case assessee’s turnover was also below Rs. 300 Crores during the year.
Reassessment was justified by the income tax department against former Indian Cricket Team Captain Krishnamachari Srikanth and non compete fee of Rs. 7.50 crores was exempt from tax being capital receipt;
As such the Development Commissioner appointed under section 11 of the Special Economic Zones Act, 2005 is neither a proper officer within the meaning of Section 2(34) the Customs Act, 1962 nor a Central Excise Officer for the purpose of Section 11A of the Central Excise Act, 1944, to demand excise duty vide impugned show cause notice.
To facilitate an economic recovery and build greater resilience to the crisis, we suggest few additional support of the India’s Revival Mission where the governmental support India’s MSME sector may need to relieve it of its economic plight. Considering these facts and Present Position of MSMEs we suggest further relief package with approximate amount of 2 lac Croreand based on experience in finance as well economics we assure that benefit to government in form of Higher than this amount by way of payment of Direct and indirect Taxes, lower NPA to Banks, lower job losses, uses of power accordingly this additional support will not be wasted but it will be invested. These suggestion are given under.
Since there was total or near total disruption of work due to alleged arrest of the customs officers and therefore, the delay in receiving and processing of transshipment application should not be at the cost of the Qatar Airways and assessee was not liable for demurrages and transshipment charges by Air Port Authority of India
Adjudication proceedings under the Customs Act, 1962 could not solely be based on the inculpatory statements of witnesses and noticee alone. Such statements could be only used for corroborating the case which the Department proposed to establish before the quasi-judicial authorities.
Lower rate of EPF subscription 10% with EPFO notified placing higher liquidity in the hands of employees and employers during COVID -19 pandemic. Government Sector, their PSEs and establishment whose subscription is being borne by Union Government under PMGKY continue to have subscription at old rates of 12%. Lower rates to be applicable for salary months of May, June and July 2020.
