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MVAT: Govt can impose mandatory pre-deposit condition for Appeal filing

July 17, 2022 2622 Views 0 comment Print

Held that the State of Maharashtra has legislative competence to enact amendment to incorporate a condition/modifying the earlier condition for entertaining an appeal for a mandatory pre-deposit for filing appeals against the assessment orders pertaining to all the goods after 16th September 2016

Body corporate covered under ‘consulting engineer’ & liable to service tax

July 17, 2022 1176 Views 0 comment Print

Held that body corporate is not excluded from payment of service tax and covered within the definition of consulting engineer.

Motor Vehicles Act : 6 Month Limitation period for filing claim applicable from 01.04.2022

July 17, 2022 117579 Views 0 comment Print

Held that the limitation period of six months is applicable from 1st April 2022. Accident in this case had occurred on 23.05.2019. Accordingly, limitation period of six months u/s 166(3) of Motor Vehicles Act doesn’t apply.

Reason to believe for conduct of search, is not required to be disclosed

July 16, 2022 2622 Views 0 comment Print

PDIT Vs Laljibhai Kanjibhai Mandalia (Supreme Court of India) Held that, in terms of the explanation inserted by the Finance Act, 2017 with retrospective effect from 1.4.1962, search conducted on the reason to believe is not required to be disclosed to any person or any authority or the appellate tribunal. Facts- The assessee provide loan […]

Appointed liquidator can be changed: NCLAT

July 16, 2022 5043 Views 0 comment Print

Held that conjoint reading of section 33 of IBC with section 16 of the General Clauses Act, 1897 would show that the authority which has power to appoint a person, equally has the power to suspend or dismiss that person.

HC grant Bail to CA in case of alleged negligence in stock audit & Fraud

July 16, 2022 6525 Views 0 comment Print

Since the ex-promoters/directors and similarly situated chartered accountants have been granted bail, there is no reason why the Applicant should be treated any differently. Bail granted

Purpose & object remained same after amendment to object clause, cancellation of Trust registration unjustified

July 16, 2022 6168 Views 0 comment Print

Held that even after amendment to the object clause, there is absolutely no change to the purpose and object of the trust. Cancellation of the registration granted u/s 12A unjustified.

Ownership of goods post let export order is with importer: CESTAT

July 16, 2022 1797 Views 0 comment Print

Held that Appellant lost the ownership of the goods as soon as let export order was issued and hence Appellant cannot be held responsible if the importer situated at Iran had given instruction to change the port.

50% additional depreciation u/s 32(1)(iia) allowed in subsequent AY

July 16, 2022 3882 Views 0 comment Print

Held that assessee can claim remaining 50% depreciation in subsequent year in case where machinery and plant being acquired and put to use for less than 180 days in the previous year, the depreciation was restricted to 50%.

Offence committed by firm is also an offence committed by partners

July 16, 2022 3723 Views 0 comment Print

Held that if an offence committed by the firm, is also an offence committed by the partners, it cannot be bifurcated as partners and the firm

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