Follow Us:

Section 40A(3) not applies on cash purchases made from Mandi Samiti

May 14, 2022 7245 Views 0 comment Print

KRBL Ltd. Vs DCIT (ITAT Delhi) During the course of assessment proceedings, the appellant submitted that the cash purchases were made by it from Mandi Samitis located across UP from farmers and hence did not fall under the ambit of the provisions of section 40A(3) of the Act, as the same were covered by Rule […]

SC Quashes Prosecution under PMLA after considering Income Tax Dept & CBI report

May 14, 2022 2181 Views 0 comment Print

J. Sekar @ Sekar Reddy Vs Directorate of Enforcement (Supreme Court of India) It is most relevant to note that CBI after investigation in the main case in RC MA1 2016 A0040 submitted the closure report before the Additional Sessions Judge, CBI Court, Chennai in exercise of power under Section 173(2) Cr.P.C. The said report […]

Issue of Section 148A notice mandatory before issuing any notice U/s. 148

May 14, 2022 1131 Views 0 comment Print

Dinesh Agarwal Vs ACIT (Calcutta High Court) Considering these facts, HC was of the considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of […]

IBBI cancels license of IRP/RP for not intending to resolve CD as a going concern

May 13, 2022 4659 Views 0 comment Print

DC finds that the Mr. Agarwal did not verify the claims received within prescribed time. He conducted the four meetings of the CoC on 06.09.2019, 26.09.2019, 18.10.2019 and 11.11.2019 without verification of claims. The CoC was constituted based on claim submission and not on claim verified by Mr. Agarwal as IRP/RP. Further, two FCs namely […]

Service Tax not payable on Notice pay mentioned in employment contract

May 13, 2022 2118 Views 0 comment Print

XL Health Corporation India Pvt. Ltd. Vs Commissioner of Central Tax (CESTAT Bangalore) The term ‘notice pay’ mentioned in the employment contract cannot be considered as a service, more specifically as the taxable service inasmuch as neither of the parties to the contract have provided any service to each other. Thus, the phrase ‘service’ defined […]

Activity of repacking amounts to manufacture

May 13, 2022 7191 Views 0 comment Print

Vaibhav Global Ltd. Vs Commissioner of Customs (CESTAT Delhi) This Tribunal in the case of CCE vs Western Electronics reported as 2000 (116) ELT 181 (Tri) while relying upon the similar circular as mentioned above has held that packing of the goods into different packs amounts to manufacture and while exporting such goods, the activity […]

Excess Payment to Employee due to Erroneous Interpretation of Rule Not Recoverable : Supreme Court

May 13, 2022 7623 Views 0 comment Print

Thomas Daniel Vs State of Kerala (Supreme Court of India) This Court in a catena of decisions has consistently held that if the excess amount was not paid on account of any misrepresentation or fraud of the employee or if such excess payment was made by the employer by applying a wrong principle for calculating the […]

Amendment in Export Policy of Wheat

May 13, 2022 1926 Views 0 comment Print

The export policy of wheat against the above mentioned HS codes is ‘Prohibited’ with immediate effect except for shipments fulfilling the conditions mentioned in Para 2 above which will be allowed as per the procedure outlined in Para 1.05 (b) of the Foreign Trade Policy, 2015-2020.

SEBI Guidelines for seeking NOC by Stock Brokers/Clearing Members

May 13, 2022 1428 Views 0 comment Print

The format of application along with list of supporting documents for seeking NOC for setting up Wholly Owned Subsidiaries, Step Down Subsidiaries or entering into Joint Ventures in GIFT IFSC is placed as Annexure-A.

Liquidator should be careful, vigilant & prompt in discharging his duties

May 13, 2022 789 Views 0 comment Print

In respect of the issue of preparation of the list of stakeholders being not in line with Regulation 31(1) of the Liquidation Regulations, the DC notes that Liquidation Regulations require that liquidator shall verify every claim as on the liquidation commencement date, and thereupon prepare a list of stakeholders, with specified details. The list of […]

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031