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Customs Broker not liable for non-tracing of exporter post issuance of Let Export Orders

February 5, 2024 606 Views 0 comment Print

Delhi High Court held that Customs Broker cannot be held liable for not able to trace exporters as ‘Let Export Orders’ already issued and goods already exported out of the country. Accordingly, order revoking customs broker license set aside.

One Section 153C satisfaction note Sufficient if AO for Both Searched & Other Person is Same

February 5, 2024 1620 Views 0 comment Print

ITAT Bangalore held that in case where AO of the searched person and the other person is the same, there can be one satisfaction note prepared by AO. Preparation of one satisfaction note will satisfy the requirement of section 153C of the Income Tax Act.

Writ Petition for Money Claim, Disguised as a Challenge to Notification, not maintainable: Bombay HC

February 5, 2024 366 Views 0 comment Print

Bombay High Court held that normally a writ petition for a simplicitor money claim would not be maintainable. Accordingly, writ petition, for refund of money of anti-dumping duty paid under the grab of challenge to notification, is unmaintainable.

Resolution plan meeting requirements of section 30(2) of IBC approved: NCLT Mumbai

February 3, 2024 1350 Views 0 comment Print

NCLT Mumbai held that resolution plan of Saturn Rings and Forgings Private Limited submitted by S. Gopalkrishnan meeting the requirements of Section 30(2) of the Insolvency and Bankruptcy Code (IBC) and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations is approved.

Optionally Convertible Debentures covered within the purview of financial debt

February 3, 2024 1449 Views 0 comment Print

NCLAT New Delhi held that Optionally Convertible Debentures (OCDs) are the financial debt within the meaning of section 5(8)(c) of the Insolvency and Bankruptcy Code (IBC). Accordingly, application filed u/s. 7 admissible.

Ingredient of product having oils of fish is rightly classifiable under CTH 1504

February 3, 2024 552 Views 0 comment Print

CESTAT Chennai held that a decision on classification cannot be made merely because the goods are mentioned as ‘Food Supplement’ by the Food Safety and Standards Authority of India. Since ingredient of product clearly shows that they have oils of fish, the product is rightly classifiable under CTH 1504 20 20.

Sales tax subsidy under Dispersal of Industries Package of Incentives Scheme is capital receipt

February 2, 2024 768 Views 0 comment Print

CIT Vs Indo Rama Textiles Ltd. (Delhi High Court) Delhi High Court held that sales tax subsidy/incentive received by the respondent/assessee under the Dispersal of Industries Package of Incentives, 1993 Scheme is a capital receipt and not revenue in nature. Facts- The issue which arises for consideration in the appeals concerns the nature of the […]

Anticipatory bail of accused involved in fraudulent ITC worth Rs. 200 Crores cancelled: Delhi HC

February 1, 2024 816 Views 0 comment Print

Delhi High Court held that accused, involved in fraudulently obtaining Input Tax Credit worth Rs. 200 Crores, are not entitled to be admitted on anticipatory bail as they have duped the government exchequer and the taxpayers of a huge amount of money.

Mere Holding of Decree Alone Doesn’t Constitute Financial Debt: NCLT Mumbai

January 31, 2024 594 Views 0 comment Print

Hpcl-Mittal Pipelines Limited Vs Coastal Marine Construction And Engineering Limited (NCLT Mumbai) NCLT Mumbai held that mere holding of a decree per se by an individual will not make its debt fall within the ambit of financial debt. Nature of debt will not change with the passing of a decree or an award. Application u/s. […]

Customized Advertising Materials Exempt from Service Tax: CESTAT Chennai

January 31, 2024 600 Views 0 comment Print

CESTAT Chennai held that the advertising materials like glow sign boards, flex printing, broachers, stickers, tags, posters, hand bills, signages, etc., which cater to the requirements of the specific customers, on which VAT is paid, is not leviable to Service Tax.

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