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Loading/unloading in Truck is part & parcel of transportation of goods services

April 10, 2022 6969 Views 0 comment Print

Deccan Mining Syndicate (P) Ltd Vs CCE (CESTAT Bangalore) Admittedly, the assessee appellant has only engaged the services of individual truck owners for transporting the iron ore and ore burden from its mine head up to the port and hence he would become the recipient of GTA service. We have gone through the findings of […]

Despite Irregular Appointment, State Has to Pay Salary for Work Done by Employee: SC

April 10, 2022 4707 Views 0 comment Print

Man Singh Vs The State of Uttar Pradesh (Supreme Court of India) Supreme Court held that the High Court has failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from […]

Delhi HC directs Income Tax Dept to decide on Refund claimed by American Express

April 10, 2022 663 Views 0 comment Print

Delhi High Court directs rectification of Amex India’s tax assessment, orders refund of Rs. 45.60 crore. Get insights into the ruling.

Illegal Non-Basmati Rice Export: CESTAT reduces Penalty to Rs. 4 Lakhs

April 10, 2022 687 Views 0 comment Print

Rakesh Dhamir Vs Commissioner of Customs (CESTAT Delhi) Learned Commissioner (Appeals) recording the finding that the appellant had evidently involved himself in the illegal export of non-basmati rice and have also admitted his role in so many words in his various statement recorded, and also have explained the details of modes operandi. Accordingly, the appeal […]

HC quashes Section 148 notice for failure to record reason for issue of notice

April 10, 2022 1272 Views 0 comment Print

Hariom Ingots and Power Pvt. Ltd. Vs PCIT (Chhattisgarh High Court) Perusal of aforementioned provisions under Section 56 of the I.T. Act would reflect that Section 56 mentions about the income from other sources. Section 56(vii) talks about the income received by an individual or a Hindu undivided family in any previous year. Petitioner is […]

Additional Director General, DRI did not have jurisdiction to issue show cause notice

April 10, 2022 2040 Views 0 comment Print

Ashok Singhla Vs Principal Commissioner of Customs (CESTAT Delhi) The first issue that arises for consideration is whether the Additional Director General, DRI had the jurisdiction to issue the notice. This precise issue was examined by the Supreme Court in Canon India. The Supreme Court observed that the nature of the power to recover the […]

Assessment order not become invalid merely for being in name of non-existent amalgamated company valid: SC

April 10, 2022 1680 Views 0 comment Print

Court notes and holds that whether corporate death of an entity upon amalgamation per se invalidates an assessment order ordinarily cannot be determined on a bare application of Section 481 of the Companies Act, 1956 (and its equivalent in the 2013 Act), but would depend on the terms of the amalgamation and the facts of each case.

Jurisdiction of High Court in case of international commercial arbitral award -If Property is Situated in India

April 10, 2022 1599 Views 0 comment Print

CTI Future Corporation Vs Ducgiang Chemical And Detergent Powder Joint Stock Company (Karnataka High Court) The arbitral award being an international commercial arbitral award is not in dispute, the award being rendered in Singapore is not in dispute, the enforceability of the said award in India is not in dispute in view of the notification […]

Depreciation on non compete fee not allowable: ITAT Delhi

April 10, 2022 888 Views 0 comment Print

Sagar Ratna Restaurants Pvt. Ltd. Vs ACIT (ITAT Delhi) It is evident, by virtue of an agreement entered in June 2011, assessee acquired a restaurant in the name and style of Sagar Ratna. As per the terms of the agreement, the transferor had transferred all its rights, copyrights, trademarks etc. in respect of the restaurant […]

HC issues guidelines to curb the practice of fraud on the Court

April 10, 2022 1530 Views 0 comment Print

Nanjappa Vs State By Chikkajala Police Station (Karnataka High Court) (ii) The following guidelines are given to the registry and also to the District Courts all over the State to evolve mechanism with modern technology to curb the practice of fraud on the Court and verify every application for being filed for regular or anticipatory […]

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