Reassessment notice issued under section 148 on the ground that how a newly incorporated company could command a significant share premium, was purely hypothetical and lacked tangible evidence and that could not be a tangible material for arriving at reason to believe escapement of income.
Assessee-company who was an exporter of rice and other agricultural products, received an Order from its overseas buyer M/s Indi Sino Trade Pte Ltd for the sale of 40,000 MT of rice which was to be exported from Kandla Port in Gujarat.
Goods even if there was any remote possibility of being found prohibited or restricted at the time of adjudication was there, could not be subjected to non release in terms of Section 110A, thus, the provisional release of 26 Gold Dore weighing 5 kg plus more, subject to certain conditions.
When a person, otherwise was qualified as a tour operator but provide only booking of accommodation service, then such a tour operator would be entitled to claim abatement under the Abatement Notifications as assessee-Make My Trip acted as a facilitator between hotel and customer for short-term accommodation service.
Resolution Plan meet the requirements of Section 30(2) of the Code and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations. The Resolution Plan was not in contravention of any of the provisions of Section 29A of the Code and was in accordance with law. The same need to be approved.
Post approval of the resolution plan, any pending avoidance applications should be continued by the Assenting Financial Creditors or the erstwhile Resolution Professional as provided under Clause of the plan. The moratorium under Section 14 of the Code should cease to have effect from this date. Applicant should forthwith send a copy of this order to the CoC and the Resolution Applicant.
Statutory set off or insolvency set off was not applicable to Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC).
The issue of vehicle including Haulpak Dumpers, Water Sprinklers, Excavators, Dozers, Drillers, etc., were substantial in size and incapable of plying on roads was taxable or not depends upon the test as to whether the vehicle was proposed to be used for transporting goods from one place to another.
Since the coconut oil was sold by assessee in small packs; was displayed in the category of hair care; the manner in which it was to applied on hair; and the purpose for which it was purchased by the consumer leave no manner of doubt that the coconut oil sold by assessee was classifiable in a residual entry attracting tax at the rate of 12.5% .
Appellant-Liquidator charged fee for the period from 15.03.2022 to 17.02.2023 as per the provisions of Regulation 4(2)(a) read with Proviso to Regulation 2B(3) of the Liquidation Regulations, 2016.
