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Extension of timelines for implementation of SEBI circulars

November 25, 2022 708 Views 0 comment Print

Securities and Exchange Board of India Circular No. SEBI/HO/MIRSD/DoP/P/CIR/2022/162 Dated November 25, 2022 To, All Depositories All recognized Stock Exchanges and Clearing Corporations Madam / Sir, Sub: Extension of timelines for implementation of SEBI circulars SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2022/137 and SEBI/HO/MIRSD/ DoP/P/CIR/2022/119 1. SEBI had issued circular SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2022/137 dated October 06, 2022 on “Execution of ‘Demat Debit and Pledge […]

CESTAT reduces Redemption Fine and Penalty as classification was not conclusive

November 25, 2022 819 Views 0 comment Print

Shree Keshariyaji Metal Impex Vs C.C. (CESTAT Ahmedabad) CESTAT find that as regard the classification of goods that whether the same is Aluminium Scrap or Aluminium Sheet, the assessment was made on the basis of the department’s claim and the appellant have paid the duty. The said assessment was not challenged by the appellant therefore at […]

Derivative contracts entered to hedge exchange risk cannot be treated as trading 

November 25, 2022 1137 Views 0 comment Print

PCIT Vs Emmsons International Ltd. (Delhi High Court) Court is of the view that the same was not called for, as the said CBDT Circular No. 3/2010 dated 2nd March, 2010 has been issued in respect of loss on account of trading in foreign exchange derivatives. In the present case, however, the assessee had entered […]

CESTAT drops demand on Goods found in Registered Public Bonded Warehouse

November 24, 2022 519 Views 0 comment Print

C.C.E. & S.T. Vs Modest Infrastructure Ltd (CESTAT Ahmedabad) Whether the duty free material found during the search of the premises of M/s Modest at Warehouse- 2 can be considered as lying outside the bonded warehouse and registered premises of M/s Modest, consequently liable for payment of custom duty as proposed in the show cause […]

Mere Detection of Contravention during Audit not sufficient to invoke extended period of Limitation

November 24, 2022 1479 Views 0 comment Print

Emami Paper Mills Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) CESTAT held that mere statement in the Order-In-Original dated 08.06.2016 that the appellant had suppressed material facts from the Department and that the purported contravention had been detected only during audit was insufficient justification for invoking the extended period of limitation. the evidences […]

No addition for cash deposit post demonetization merely on presumptions

November 24, 2022 1443 Views 0 comment Print

Kaliannan Ganesan Vs ITO (ITAT Chennai) It transpired that the assessee made cash deposits of Rs.13.30 Lacs post demonetization as tabulated assessment order. Accordingly, the assessee was directed to substantiate the source of the same. The assessee is stated to be engaged in poultry farm business and trading of eggs. AO held that there was […]

Service Tax deposit cannot be withheld if service tax was not applicable

November 23, 2022 2316 Views 0 comment Print

In the present case service tax was not applicable and that no demand of service tax has ever been raised by concerned department. Consequently, retention of aforesaid security money deposited by petitioner is per se not justified.

Adjudicating authority supposed to give details of methodology in stock taking

November 23, 2022 513 Views 0 comment Print

Adjudicating authority was supposed to give the details of methodology in stock taking and also allowed the cross-examination of panchas

Appeal effect order has to be passed within 3 months of passing appeal order

November 23, 2022 17943 Views 0 comment Print

KRBL Limited Vs DCIT (Delhi High Court) Court is of the view that the Respondents-Revenue have had sufficient time to file an appeal against the order of the ITAT. In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing the appeal order. FULL […]

ITAT quashes reassessment order as notice was issued on incorrect facts without application of mind

November 22, 2022 1809 Views 0 comment Print

Bhavmeet Singh Bhatia Vs ACIT (ITAT Delhi) AO noted that the assessee has not filed the return of income for AY 2011-12 whereas the copy of the return of income available in assessee’s paper book clearly reveals that the assessee did file the return of income for AY 2011-12. It is also clearly discernible that […]

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