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Section 70 of Rajasthan GST is within the competence of legislature: HC

March 1, 2022 1821 Views 0 comment Print

S.K. Metal Vs Assistant Commissioner (Rajasthan High Court) Section 70 (Power to summon persons to give evidence and produce documents) of Rajasthan Goods and Service Tax Act, 2017 is within the competence of legislature and not opposed to any of the fundamental rights or other provisions of the Constitution of India As per sub-Section (1) […]

Recovery Officer of Bank cannot continue Auction Sale if dues are Paid before Sale

March 1, 2022 2952 Views 0 comment Print

The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.

Escaped income from an asset outside India – Retrospective Section 149(1)(c) is Valid

March 1, 2022 2442 Views 0 comment Print

DCIT Vs Dilip J Thakkar (ITAT Mumbai) Section 149(1)(c) provides that no notice for reassessment can be issued if “more than sixteen years, have elapsed from the end of the relevant assessment year unless the income in relation to any asset (including financial interest in any entity) located outside India, chargeable to tax, has escaped […]

Antenna for base station classifiable under customs 85177090 as parts

February 28, 2022 2190 Views 0 comment Print

Reliance Jio Infocomm Ltd. Vs Commissioner of Customs (Air Cargo) (CESTAT Chennai) The issue involved the present case is that whether the Antenna for base station imported by the appellant is classifiable as parts of base station under CTH 85177090 as claimed by the appellant or as machine/equipment for the reception, transmission and conversion of […]

Govt appoints Smt. Madhabi Puri Buch as Chairman of SEBI

February 28, 2022 897 Views 0 comment Print

Central Government hereby appoints Smt. Madhabi Puri Buch, Former Whole Time Member, Securities and Exchange Board of India as Chairman of the Securities and Exchange Board of India (SEBI), initially for a period of three years from the date of assumption of charge of the post, or until further orders, whichever is earlier.

Different price provided to Services Providers not amounts to commission or brokerage

February 28, 2022 642 Views 0 comment Print

ITO Vs Thyrocare Technologies Ltd. (ITAT Mumbai) The assessee is providing pathological testing services through its diagnostic laboratories. The assessee has made arrangement with various sample collection centres referred to as Thyrocare Services Providers (TSPs) for collection of samples and forwarding the same for testing to the assessee. It is an admitted fact that the […]

Income from letting out of Land independently forming part of Business Assets taxable as business income

February 28, 2022 1116 Views 0 comment Print

Trimurti Films Pvt. Ltd. Vs ACIT (ITAT Mumbai) In the given case, the assessee was using the bungalow and land together for the film production as part of business assets. Since the film production is stopped, it has separated the bungalow and vacant land. It uses the bungalow for storage for its own purpose and […]

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2376 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 2496 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

Export Certificate for Passengers departing India for high value items

February 28, 2022 41862 Views 1 comment Print

Passengers leaving India can take Export Certificate for high value items including jewellery from Customs. No duty is charged when the said items are brought back on return. Please see below for more details. Office of the Commissioner of Customs Customs Commissionerate, Hyderabad Export Certificate  > Passengers departing India can avail the facility of obtaining […]

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