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Mere exclusion or inclusion of one or other comparable not constitute a question of law

May 13, 2022 1638 Views 0 comment Print

It is settled law that exclusion or inclusion of one or other comparable would by itself not constitute a question of law unless it is shown that there are important functional dissimilarities or vital material facts which go to the root of profitability or where other material circumstances are involved.

DRI seizes 15.93 kg smuggled foreign-origin gold worth Rs 8.38 crore

May 13, 2022 510 Views 0 comment Print

DRI seizes 15.93 kg foreign-origin gold worth Rs 8.38 crore smuggled via Indo-Myanmar border in Guwahati and Dimapur In another significant operation by the Directorate of Revenue Intelligence (DRI), against organised gold smuggling syndicates, code-named “Gold on the Highway”, 15.93 kg of foreign-origin gold smuggled though the Indo-Myanmar border, and valued at Rs 8.38 crore, […]

ITAT deletes TP Adjustment as TPO adopts Wrong GP Margin of Comparable Company

May 13, 2022 600 Views 0 comment Print

B. Braun Medical (India) Private Limited Vs DCIT (ITAT Mumbai) ITAT deletes Transfer Pricing (TP) Adjustment as TPO adopts Wrong Gross Profit (GP) Margin of Comparable Company The assessee raised an additional ground before the Ld. DRP stating that the gross profit margin of ADS Diagnostics Ltd., had been wrongly worked out by the Ld. […]

Section 260A HC explains when it can interfere into findings of ITAT

May 13, 2022 1038 Views 0 comment Print

PCIT Vs Madhur Mittal (Delhi High Court) The scope of jurisdiction in Section 260A is very well settled. It is a settled proposition that ITAT is the final arbiter of the facts. High Court can interfere in the order of the ITAT only if there is substantial question of law or there is manifest illegality […]

Guidelines for Funding for Research Studies on Corporate Governance

May 13, 2022 1566 Views 0 comment Print

Integration of MCA 21 Database with other databases: Integration of MCA 21 database and databases of other departments and regulators will not only aid in avoidance of multiple filing requirements but also strengthen enforcement.

‘Clear Float Glass’ with absorbent layer on only one side merit classification under subheading 70051090

May 13, 2022 2616 Views 0 comment Print

In re Suraj Constructions (CAAR Mumbai) CAAR rule that the subject goods ‘Clear Float Glass’ with absorbent layer on only one side would merit classification under heading 70.05 and more specifically, under subheading 70051090 of the first schedule to the Customs Tariff Act, 1975. The said imports shall also be governed by the provisions of Notification […]

DLF guilty of profiteering in its Projects namely Camellia/Crest/Ultima: NAA

May 13, 2022 2283 Views 0 comment Print

NAA finds that DLF Limited has profiteered for the projects The Camellias, The Crest and The Ultima’ re during the period of investigation i.e. 01.07.2017 to 30.11.2020. The above amount that has been profiteered by the Respondent from his home buyers in all the above three projects shall be refunded by him, along with interest @18% thereon

Anti-Profiteering provisions not applies to projects not in existence in GST period

May 13, 2022 2001 Views 1 comment Print

Since the said Phase-I was not in existence in the GST period and the said Phase-III was yet to be started/registered as on 27.08.2020 hence, the Anti-Profiteering provisions under Section 171 of the CGST Act 2017 are not applicable on the said Phase-I and Phase-III of River View Heights of the Respondent.

JMD builder guilty of profiteering in its Project JMD Imperial Suits: NAA

May 13, 2022 2913 Views 0 comment Print

Vishal Garg Vs JMD Limited (NAA) It is also evident from the above narration of facts that the Respondent has denied benefit of ITC to the buyers of the flats and the shops being constructed by him in his Project JMD Imperial Suits/Suburbio-67 (Suburbio-1)in contravention of the provisions of Section 171 (1) of the CGST […]

6 processes to improve experience of GST taxpayers in Haryana

May 13, 2022 1017 Views 0 comment Print

Ensuring authenticity of communication to taxpayers: – All statutory letters and communication sent to taxpayers shall be sent with an electronic ID generated through the GST common portal or through E-Office.

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