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Taxable services rendered for transmission of electricity are exempt

September 21, 2022 1719 Views 0 comment Print

Held that benefit of exemption under notification dated 20.07.2010 is available if the taxable services are rendered for transmission/ distribution of electricity.

Capital gain cannot be taxed till property gets actually transferred as per agreement

September 21, 2022 3126 Views 0 comment Print

Held that as per agreement, the assessee will hand over physical possession of the property only after the purchaser obtains Intimation of Disapproval. Hence, till the property is not transferred as per the terms of agreement, capital gain on the same cannot be taxed.

Customs Penalty u/s 112(b) unsustainable as appellant not dealt physically with alleged goods

September 21, 2022 1350 Views 0 comment Print

Held that penalty under Section 112(b) of the Customs Act cannot be imposed if the assessee has not dealt with or transported goods physically in any manner.

Import duty Refund u/s 27 not admissible in absence of modification in self-assessment

September 21, 2022 498 Views 0 comment Print

Held that refund u/s 27 against duty paid on self-assessment basis not admissible unless the self-assessment is modified through an appeal.

Cheque Bounce case: Compensation u/s 357(1)(b) of CrPC to be paid from fine forming part of sentence

September 20, 2022 14634 Views 0 comment Print

Kerala High Court held that in an offence u/s. 138 of the Negotiable Instruments Act, when the Court imposes imprisonment and fine, fine forms part of the sentence hence the court has to order payment of compensation from the amount of fine as provided under Section 357(1)(b) of CrPC.

Possessing price-sensitive information without an attempt to take advantage is not insider trading

September 19, 2022 1419 Views 0 comment Print

Supreme Court held that mere possession of price-sensitive information doesnt prove that the person was indulged in insider trading. There must be an attempt to take advantage of or encash the benefit of the information so possessed.

Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

September 19, 2022 861 Views 0 comment Print

Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored.

Suspended directors running business of corporate debtor in fraudulent manner is liable u/s 66 of IBC

September 19, 2022 4614 Views 0 comment Print

NCLT Held that suspended board of directors were involved in running the business of corporate debtor in a fraudulent & wrongful manner, therefore, responsible & liable under provision of Section 66 of IBC, 2016

GST refund claim sanctioned but not released due to technical glitches

September 19, 2022 1338 Views 0 comment Print

HC Held that already sanctioned GST refund not released due to technical glitches in the GST portal. Court directed the department to deal with the refund claim and, if eligible, pay back the refund claim with interest

Air transport service is not sale as there is no actual transfer or possession of Aircraft

September 17, 2022 579 Views 0 comment Print

Held that as there is no actual transfer of the possession of the aircraft in question to the user of the aircraft, rendering of the Air Transport Services by the Assessee will not tantamount to Sale as envisaged by Section 2(g)(iv) of the OST Act.

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