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DFIA benefit eligible on import clearance of in shell walnut

December 11, 2020 2235 Views 0 comment Print

VKC Nuts Pvt Ltd. Vs C.C. – Jamnagar (Prev) (CESTAT Ahmedabad) ‘Inshell Walnut’ is not only capable of being used but invariably used for manufacture of biscuits as fruit/flavor/dietary fibre. This has been held in appellant’s own case by the Hon’ble CESTAT-Mumbai in Final Order No. A/85730/2020 dated 11.09.2020. Moreover, as per the custom’s lab […]

No penalty under Section 122(1)(i) for violation of Anti Profiteering Provisions

December 11, 2020 762 Views 0 comment Print

Shri Surya Prakash Loonkar Vs M/s Excel Rasayan Pvt. Ltd. (NAA) From the perusal of Section 122 (1) (i) of the CGST Act, 2017, it is clear that the violation of the provisions of Section 171 (1) is not covered under Section 122 (1) (i) of the CGST Act, 2017 as it does not provide […]

Notification  No. 111/2020 – Customs (N.T.), Dated: 11.12.2020

December 11, 2020 633 Views 0 comment Print

Notification No. 111/2020 – Customs (N.T.), Dated: 11.12.2020 in relation to new Land Customs Stations and/or routes with respect to Bholaganj, Nalikata, Ryngku, Jogighopa, Badarpur, Kolaghat, Dhulian, Jayanagar and Nagarkata by amendment of Principal Notification No. 63/1994-Customs (N.T.) dated 21st November, 1994. MINISTRY OF FINANCE (Department of Revenue) Notification  No. 111/2020 – Customs (N.T.) New […]

Capital Loss cannot be treated as Bogus merely for unusual rise/ fall in price of Shares

December 11, 2020 1665 Views 0 comment Print

DCIT Vs Ganesh Plantation Ltd. (ITAT Ahmadabad) AO on one hand has recorded his finding with respect to the shares of certain companies that its face value stands at ₹10 but the assessee has purchased the same at a higher value. The basis of arriving at the conclusion that the assessee has purchased the shares […]

SEBI Consultation Paper: Compliance Standards for Index Providers

December 10, 2020 663 Views 0 comment Print

To solicit the comments / views from market participants on compliance standards for index providers, to enhance greater level of transparency, promoting the reliability of benchmark determinations, addressing benchmark governance and accountability mechanisms, by providing a broad framework for index providers managing / maintaining Indices.

Service Tax on salary paid to ‘secondee’, to parent company under RCM

December 10, 2020 1071 Views 0 comment Print

M/s  Nektar Therapeutics (India) Pvt Ltd vs Commissioner of Customs, Central Excise & Service Tax (CESTAT Hyderabad) The short issue, therefore, arising for our consideration is whether the reimbursement of salary paid to the ‘secondee’, to the parent company, Nektar USA amounted consideration for provision of manpower recruitment and supply agency services, within the meaning […]

Guidelines on Standard Personal Accident product

December 9, 2020 666 Views 0 comment Print

In order to make available a standard Personal Accident product with common coverage and policy wordings across the industry, an exposure draft on Guidelines on Standard Personal Accident product along with Standard terms and conditions (Annexure -1), Customer Information Sheet (Annexure- 2) and Use and File format (Annexure-3)  is issued and attached herewith.

e-Voting Facility Provided by Listed Entities

December 9, 2020 2664 Views 0 comment Print

Currently, there are multiple e-voting service providers (ESPs) providing e-voting facility to listed entities in India. This necessitates registration on various ESPs and maintenance of multiple user IDs and passwords by the shareholders.

Accepting assignment as IRP after 31.12.2019 without valid AFA- Reg.

December 8, 2020 744 Views 0 comment Print

In the present matter it is observed that, Mr. Sawhney had provided his consent to accept the assignment in Form-2 on 05.04.2019 prior to the amendment made to IP regulation for acceptance of assignment in matter CIRP of MLP Developers & Promoters Private Limited before 31.12.2020. However, it is observed that the date of commencement […]

When TPO proposes additions to assessee’s ALP, AO is duty bound to pass a draft assessment order

December 8, 2020 1920 Views 0 comment Print

DCIT Vs Tally Solutions Pvt.Ltd. (ITAT Bangalore) Hon’ble Supreme Court in the case of DCIT v. Control Risks India (P.) Ltd. reported in 107 taxmann.com 83, had held that when TPO proposes additions to assessee’s ALP, the AO is duty bound to pass a draft assessment order. It was held by the Hon’ble Supreme Court […]

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