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Denial of MEIS benefit due to technological glitches in DGFT portal not justified: Bombay HC

November 22, 2024 1326 Views 0 comment Print

In these shipping bills, the Petitioner, the Petitioner’s Customs brokers inadvertently declared the Petitioner did not intend to claim the Merchandise Exports from India Scheme (“MEIS”) benefit by indicating the letter “N” instead of “Y” in the relevant digital REWARD column.

Admission of application u/s. 9 of IBC for default in payment of operational debt justified: NCLAT Delhi

November 22, 2024 456 Views 0 comment Print

NCLAT Delhi held that admitting application under section 9 of the Insolvency and Bankruptcy Code 2016 for default in payment of operational debt justified in the absence of any credible or plausible pre-existing dispute.

Money laundering cognizance against public servant without previous sanction untenable: Supreme Court

November 22, 2024 543 Views 0 comment Print

Supreme Court held that cognizance of the offence under section 3 of the Prevention of Money Laundering Act, 2002 against the public servant without obtaining previous sanction under section 197(1) of the Code of Criminal Procedure, 1973 untenable in law.

Keeping refund order in abeyance merely on allegation of wrongful availment of ITC unjustified: Delhi HC

November 22, 2024 570 Views 0 comment Print

Delhi High Court held that keeping in abeyance refund order by exercising powers conferred u/s. 108 of the CGST Act merely on the basis of intelligence regarding wrongful availment of ITC unjustified since pre-requisite conditions for invoking section 108 not satisfied.

Transfer of right to use brewery license not subjected to service tax: CESTAT Delhi

November 22, 2024 372 Views 0 comment Print

A Lease Deed was executed between the appellant and Skol Breweries Limited for renting of land, building, plant and machinery by the appellant to Skol. The appellant discharged service tax liability under the head “renting of immovable property” services.

Framing of assessment in the name of non-existing entity is void ab initio: ITAT Delhi

November 22, 2024 819 Views 0 comment Print

Assessee has preferred the present appeal mainly contesting that CIT(A) has erred in upholding the assessment order passed by AO disregarding the fact that the same was passed on non-existing entity.

Issuance of notice u/s. 148A(b) to non-existing entity is without jurisdiction: Karnataka HC

November 22, 2024 621 Views 0 comment Print

The petitioner – Harman Connected Services Corporation India Pvt. Ltd., has called in question the correctness of the order u/s. 148A(d) of the Income Tax Act, 1961 as well as the notice u/s. 148 of the Act and the notice u/s. 148A(b) of the Act.

Receipts from sale of software license being business income is not taxable in India: ITAT Delhi

November 21, 2024 825 Views 0 comment Print

ITAT Delhi held that receipts from the sale of software licenses is business income and the same cannot be taxed in India in absence of Permanent Establishment and in terms of India-Austria DTAA.

Enhancement of value of imported goods based on proforma invoice not valid: CESTAT Chennai

November 21, 2024 351 Views 0 comment Print

CESTAT Chennai held that a proforma invoice is in the nature of a quotation or offer and hence does not constitute valid basis for enhancement of value of the imported goods. Enhancement set aside since there is no evidence to show that there is flow back of amount.

Appellate authority has power to consider interim application under POSH Act, 2013: Karnataka HC

November 21, 2024 450 Views 0 comment Print

Karnataka High Court held that the appellate authority under POSH Act, 2013, despite the absence of specific provision for granting of interim order, would have the power to consider the interim application.

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