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Order passed within time, but communicated late, cannot dilute the validity of an order

February 21, 2022 6852 Views 0 comment Print

The Adjudicating Authority Vs M/s. Anuttam Academic Institutions (Madras High Court) Facts- During the year 2017, a search was conducted in the premises of Marg Group of companies and its related entities, which resulted in seizure of various documents allegedly indicating the prohibited transactions as per clause A of section 2(9) of the Act. Therefore, […]

Siphoned Off Funds – SEBI Bars Anil Ambani & RHFL From Securities Market

February 20, 2022 2703 Views 0 comment Print

In Re matter of Reliance Home Finance Limited & Ors. (Securities and Exchange Board of India) Facts- The Securities and Exchange Board of India on Reliance Home Finance Ltd and other individuals from dealing with the securities market directly or indirectly for allegedly siphoning off/diversion of funds from the company. An investigation was undertaken by SEBI […]

ITAT reduces disallowance of bogus purchases to 2%

February 20, 2022 2277 Views 0 comment Print

R R Carwell Pvt. Ltd. Vs DCIT (ITAT Delhi) Disallowance of bogus purchases reduced to 2% when existence of some parties proved and payments were routed through bank Facts- The assessee is engaged in the application/job-work of Auto Additives and Car care Products across various two-wheelers and four-wheelers authorized service centers. It filed its ROI […]

HSN mentioned by supplier is just a base, imported goods can be classified under any other appropriate HSN

February 20, 2022 6084 Views 0 comment Print

Commissioner of Central Excise And Customs Vs Reliance Infrastructure Ltd. (CESTAT Hyderabad) Facts- The assessee imported various equipment from Reliance Infra Projects and Zhejiang and cleared them by filing 36 Bills of Entry (BOE) with the Customs at Kakinada. BOE filed in the Customs EDI system are either marked to an officer for assessment or […]

Notaries in foreign country can be legally recognized by court even without reciprocity between countries

February 19, 2022 28965 Views 1 comment Print

The Court has held that even though there might be no reciprocity between India and another country under Section 14 of the Notaries Act, 1952, the notarial acts of the Notaries in the foreign country could be given legal recognition by the courts and authorities in India.

Confiscated goods should be returned in case of delayed issuance of notice

February 18, 2022 4881 Views 0 comment Print

In the instant case, admittedly there has been no provisional release of the seized goods. Further extension of six months with the reasoned order by the Principal Commissioner of Customs or Commissioner of Customs also is completely missing. The period of six months from the date of signature expired on 03.10.2019.

Section 148 Notice can be issued as per law prevalent on issue date

February 18, 2022 12546 Views 0 comment Print

As held by Allahabad High Court in Mon Mohan Kohli Vs. Assistant Commissioner of Income Tax, it is concluded that law prevailing on the date of issuance of notice under section 148 has to be applied.

ITAT allows telescoping benefit for meeting expenses towards commission

February 18, 2022 1617 Views 0 comment Print

Smt. Lata Garg Vs DCIT (ITAT Delhi) Facts- The assessee is an individual and derived income from salary, income from house property, income from business or profession and income from other sources. It was alleged that there were certain bogus purchases. Accordingly, AO alleged adding the same to the total income of the assessee. Conclusion- […]

Once source of expenditure is proved addition u/s 69C is unsustainable in law

February 13, 2022 4503 Views 0 comment Print

It is amply clear that the additions under sections 68 and 69C of the Act can be made provided the transaction takes place during the previous year / financial year. Further, for making addition under section 68 of the Act, the assessee must fail to offer explanation and for making addition under section 69C of the Act, the source of the expenditure must remain unproved. In the present case, the assessee had duly explained the sources of the credit and the expenditure, respectively.

Joint commissioner is directed to quantify the duty, bond amounts etc. and release black pepper consignment

February 13, 2022 1335 Views 0 comment Print

The captioned matter pertains to import of Black Pepper of Sri Lankan origin, seizure of the same on alleged grounds of over valuation to circumvent a custom notification and the captioned matter pertains to release of consignment under Section 110A of ‘the Customs Act, 1962.

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