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7% statutory Interest payable on delayed GST Refund

March 9, 2022 1818 Views 0 comment Print

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ applicant by way of a cheque. However, his […]

Magistrate cannot release the vehicle during confiscation proceedings under U.P. Excise Act

March 9, 2022 20997 Views 0 comment Print

Akhilesh Kumar Vs State of U.P. (Allahabad High Court) Question before the court is whether during confiscation proceedings under section 72 of U.P. Excise Act, the Magistrate is empowered to release the vehicle. In case of (Nand vs. State of U.P.) 1997 (1) AWC 41 and (Rajeev Kumar Singh vs. State of U.P. and ors) […]

Court should not interfere at pre-appointment stage of Arbitration for Insufficiency of Stamp Duty

March 9, 2022 1368 Views 0 comment Print

Vivek Mehta Vs KaRRs Designs & Developments (Bombay High Court) In the present case, the MOU is executed on stamp paper of Rs.100/-. Thus, there is no question of the document being “unstamped”. It is at best insufficiently stamped and if a document is insufficiently stamped, then we have to consider the effect of the […]

Partner not liable to pay service Tax on Share of Profit & Remuneration from Partnership Firm

March 9, 2022 10443 Views 1 comment Print

Gautam Bhattacharya Vs Commissioner of Central Tax (CESTAT Bangalore) Brief facts of the case are that the appellants are the partners of partnership firm namely M/s. Ernst & Young, LLP. The appellants had filed their income tax returns showing components such as ‘sale of services’, against which partners have shown certain amount received from the […]

RBI Guidelines on Issue of Preference Shares/ Debt Capital Instruments for UCBs

March 8, 2022 4896 Views 0 comment Print

Reserve Bank of India RBI/2021-22/179 DOR.CAP.REC.92/09.18.201/2021-22 March 08, 2022 The Chief Executive Officer All Primary (Urban) Co-operative Banks Madam / Dear Sir, Issue and regulation of share capital and securities – Primary (Urban) Co-operative Banks The Banking Regulation (Amendment) Act, 2020 (No. 39 of 2020), notified in the Gazette of India on September 29, 2020 […]

Date of Possession of Flat to be taken for Section 54F exemption

March 8, 2022 3387 Views 0 comment Print

Shri Yogesh Jhingan Vs DCIT (Central) (ITAT Indore) Since the addition in the instant appeal crops out of the issue referred above pertaining to A.Y. 2008-09, we will have to examine the correctness of the claim made by the assessee u/s 54F of the Act for A.Y. 2008-09. As far as sale of land is […]

Section 14A disallowance cannot be added to net profit for computing book profits U/s. 115JB

March 8, 2022 1809 Views 0 comment Print

Karnataka State Industrial And Infrastructure Development Corporation Ltd. Vs DCIT (Karnataka High Court) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment Year 2008-09. The appeal was admitted by […]

Poultry crate classifiable under Chapter 39231090

March 8, 2022 2070 Views 0 comment Print

In re Nilkamal Limited (GST AAR Maharashtra) The impugned product i.e. poultry crate is an article of plastic. It is used for the conveyance of poultry and from a reading of para 5.5.2 above it is clear that the said product is clearly covered under sub heading 392310 of the Tariff. However it is seen […]

Valid Revocable Trust can not be assessed as AOP 

March 7, 2022 1899 Views 0 comment Print

ITO Vs Arcil Asset Reconstruction Fund II Trust (ITAT Mumbai) ITAT held that appellant was revocable Trust, the provisions of Section 61 to 63 of Income Tax Act, 1961 were applicable and the assessee could not be assessed as AOP. The income was to be taxed in the hands of the SR holders. Since the […]

Govt amends import policy conditions of Drosophila melanogaster

March 7, 2022 1800 Views 0 comment Print

The Import of only ‘Drosophila melanogaster’ under ITC (HS) 01069000 is ‘Free’ subject to IBSC approval, as per the provisions of the ‘Revised Simplified Procedures/ Guidelines on Import, Export and Exchange of GE organisms and products thereof for R&D purpose’ notified by the Department of Biotechnology vide OM No. BT/BS/17/635/2015-PID dated 17.01.2020. The import of […]

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