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SC order on jurisdiction of Commissioner under section 263 proceedings

April 7, 2023 4905 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 1185 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 3399 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 999 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 1260 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 1545 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 3117 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.

Delhi HC allows GST Registration cancellation from actual date of ceasing of business operations

March 15, 2023 3675 Views 0 comment Print

The petitioner had made an application in the requisite form (Form GST REG-16) praying that his registration be cancelled with effect from 31.07.2021. The reason for seeking cancellation of the registration was disclosed as ‘Discontinuance of business/Closure of business’.

Onus on buyer to establish genuineness of purchase to claim ITC under VAT: SC

March 14, 2023 13929 Views 0 comment Print

State of Karnataka Vs. Ecom Gill Coffee Trading Private Limited (Supreme Court) The dealer claiming ITC has to prove beyond doubt the actual transaction which can be proved by furnishing the name and address of the selling dealer, details of the vehicle which has delivered the goods, payment of freight charges, acknowledgement of taking delivery […]

Operational Guidance – Amendment to SEBI Buy-back Regulations

March 8, 2023 1914 Views 0 comment Print

As per Clause (vi) of Regulation 16 of the Buy-back Regulations, the buy-back through stock exchanges shall be subject to the restrictions on placement of bids, price and volume, as specified by SEBI.

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