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Goods can be provisionally released even during pendency of proceedings

December 2, 2022 1032 Views 0 comment Print

Madras High Court held that the application for provisional release of goods under section 110-A of the Customs Act should be considered even during pendency of any proceedings initiated by the department.

Wastage charges doesn’t involve any payment and hence TDS u/s 194C not deductible

December 2, 2022 2478 Views 0 comment Print

ITAT Chennai held that in case of wastage charges there is no payment and once there is no payment there is no question of deduction of TDS under section 194C of the Income Tax Act.

Notice u/s 148 of Income Tax Act to struck off company valid in terms of section 250 of Companies Act

December 2, 2022 5751 Views 0 comment Print

Delhi High Court held that notice issued u/s 148 of the Income Tax Act in the name of struck off company is not void as per section 250 of Companies Act of 2013 even where a Company is dissolved in consequence to it being struck off under Section 248, it shall be deemed to continue to be in existence for the purpose of discharging its liabilities.

Renting of costume used in water park is not subjected to entertainment tax

December 2, 2022 1353 Views 0 comment Print

Allahabad High Court held that costume used in the water park would neither fall within the definition of words ‘instrument’ or ‘contrivance’ hence renting on ‘costumes’ cannot be included in the term ‘payment for admission’ as defined under Section 2(l)(iii) of The Uttar Pradesh Entertainment and Betting Tax Act, 1979 and not subject to entertainment tax.

Writ petition not entertained as alternate remedy available to petitioner

December 1, 2022 1455 Views 0 comment Print

Madhya Pradesh High Court rejected the writ petition held that the petitioner is having a remedy to challenge the order/notice by way of filing an appeal and the ground raised by him with respect to jurisdiction of the authorities can always be considered by the authorities.

Refund on input services like club service, AC restaurant service, mandap keeper services etc. allowed

December 1, 2022 927 Views 0 comment Print

CESTAT Mumbai held that refund on inputs in respect of Club or Association Services, Services by Air-conditioned Restaurants, Short Term Hotel Accommodation Services, Mandap Keeper Services, Convention Services, Cable Operator Services and for Sponsorship Services as well as Event Management Services were already allowed to the appellant in earlier period. Hence the same is allowed here as well.

Penalty u/s 112(a) of Customs Act reduced as appellant behaved in good faith

December 1, 2022 1125 Views 0 comment Print

CESTAT Delhi held that as evidenced, appellants believed Sh. Rajan Arora in good faith and were also not aware about the mis-declaration/ under-valuation of the goods imported. Hence, penalty u/s 112(a) of the Customs Act reduced from INR 12 Lakhs to INR 50,000.

Supreme Court judgement has to be dealt by High Court with due respect: SC

December 1, 2022 1098 Views 0 comment Print

Supreme Court held that when the High Court deals with judgments of this Court, which are binding on everyone under Article 141 of the Constitution of India, it is expected that the judgments have to be dealt with due respect.

Notification no. 79/2017-Customs granting IGST exemption to import of capital goods under EPCG is clarificatory

December 1, 2022 25350 Views 0 comment Print

Bombay High Court has held that notification no. 79/2017-Customs dated October 13, 2017 (amending notification no. 16/2015-Customs) granting exemption from the IGST to the capital goods imported under the Export Promotion Capital Goods Scheme is clarifying and curative in nature.

All the pending appeals are not required to be settled under DTVSV Act

December 1, 2022 1080 Views 0 comment Print

Delhi High Court held that assessee is free to settle any appeal under Direct Tax Vivad se Vishwas Act, 2020 and is not required to settle all the pending appeals filed by the respondent-revenue for an assessment year.

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