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Import of custom design on a blue print was import of service liable for service tax: SC

April 11, 2023 1587 Views 0 comment Print

SC held that declaration in bill of entry as goods and acceptance under Customs cannot be determinative of transaction and import of design and drawings in a paper was import of service liable for service tax under applicable provisions.

No Section 80IB deduction on profit from DEPB / Duty Drawback Schemes: SC

April 11, 2023 1851 Views 0 comment Print

Whether Duty drawback and DEPB received as an incentive for exports can be said to be derived from the business of industrial undertaking and thus eligible for the benefits of Section 80-IB of Income-tax Act, 1961?

SC ruling on determining management and control for residency of a company

April 11, 2023 3111 Views 0 comment Print

Mansarovar Commercial Pvt. Ltd. Vs CIT (Supreme Court of India) Sub- What is the meaning of management and control for the purpose of determining residency of a company? Whether simply registered office of a company can be the criterion ? The Supreme Court in this case was considering interesting question as to taxability of alleged […]

SC order on jurisdiction of Commissioner under section 263 proceedings

April 7, 2023 4563 Views 1 comment Print

Whether payment to shareholders out of sale proceeds of a property belonging to the company, to end dispute amongst the shareholder can be cost of improvement for computation of capital gains?

Calcutta HC order on matter of travelling outside India for wilful defaulters issued with lookout circular

April 1, 2023 1143 Views 0 comment Print

Sandeep Kabra Vs Bureau of Immigrations (Calcutta High Court) Whether suspended directors of a company who are guarantors can be restricted from travelling outside Country by a Bank by issuing lookout circular on account of being Willful defaulter? The Calcutta High Court in this case was considering the petitioners’ Writ application for travelling abroad to […]

SC ruling on classification disputes on LCD panels

March 30, 2023 2826 Views 0 comment Print

CCE, Aurangabad Vs Videocon Industries Ltd. (Supreme Court) Sub- Whether LCD panels are to be classified as part of television sets or audio players or independently for charging Customs duty? The Apex Court in this case was dealing with the classification of LCD Panels which were imported and were to be used as part of […]

Transfer fee for land transfer cannot be demanded if NCLT exempts the same under IBC

March 25, 2023 915 Views 0 comment Print

SPS Steels Rolling Mills Limited and Ors. Vs Asansol Durgapur Development Authority and Anr. (Calcutta High Court) Learned Single Judge by the impugned order has reached to the conclusion that the transfer fee was exempted under the resolution plan sanctioned by the National Company Law Tribunal and has found that the demand of the respondent […]

A person having direct or indirect interest in business is related person for Central Excise valuation provisions: SC

March 23, 2023 1140 Views 0 comment Print

Who can be said to be related person u/s 4(4)(c) of Central Excise Act, 1944 to enable authorities to discard transaction value & arrive at a valuation otherwise?

Excise: Fixation of MRP must be mandated by law to claim Section 4(A) exemption- SC

March 22, 2023 1425 Views 0 comment Print

SC held that fixation of MRP must have been mandated by law and in the present case the institutional sale to paramilitary forces being exempted from such fixation under legal Metrology (Packaged Commodities) Rules,2011, the voluntary fixing of the MRP could not make the respondent eligible to get the exemption on institutional sales and thus allowed the SLP of the department.

Follow SOP in faceless assessment environment: Calcutta HC

March 21, 2023 2859 Views 0 comment Print

Standard Operating Procedure (SOP) under the Faceless Assessment framed under Section 144B of the Act had been issued by the National Faceless Assessment Centre, Delhi and communicated to all the Principal Chief Commissioners, Income Tax under the cover of a letter dated 3rd August, 2022.

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