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HC upheld validity of Section 148 Notice issued after 31.3.2021

September 13, 2021 3684 Views 0 comment Print

Ashok Kumar Agrawal Vs Union of India (Chhattisgarh High Court) It is submitted that on the date i.e. on 28.06.2021 when the notice under Section 148 of the Income Tax Act is issued, the power to issue the notice was preceded with a new provision of law and thereby Section 148 is to read with […]

Disallowance under section 14A not warranted if no exempt Income earned

September 13, 2021 2334 Views 0 comment Print

JCIT Vs Reliance Life Sciences Pvt. Ltd. (ITAT Mumbai) We agree with the submissions of the Ld. Counsel for the assessee that since assessee has not earned any exempt income and therefore no disallowance is warranted u/s. 14A of the Act. In the case of Joint Investments Pvt. Ltd. v. CIT [372 ITR 694] the […]

SEZ Act, 2005 overrides Finance Act 1994

September 12, 2021 3852 Views 0 comment Print

Divi’s Laboratories Ltd. Vs Commissioner of Central Tax (CESTAT Hyderabad) It is submitted on behalf of appellant that appellant is an SEZ Unit. The chief contention of the Department for the part-rejection of the refund claim relates to service tax amount paid by the appellant on ocean freight services which is not included/covered under the […]

Depreciation eligible on construction of road under BOT contract

September 12, 2021 3531 Views 0 comment Print

DCIT Vs Mumbai Nasik Expressway Ltd. (ITAT Mumbai) Expenditure incurred by the assessee for construction of road under BOT contract by Govt. of India have given rise to an intangible asset as defined under explanation 3(b) read with section 32(1)(iii) of the Act, assessee would be eligible to claim depreciation on such asset at specified […]

Protection & furtherance of interests of trade & commerce is charitable purpose u/s. 2(15)

September 12, 2021 927 Views 0 comment Print

In this case CIT(E),held that the trust was a Members’ association and all the activities were limited to its members and not to general public at large so as to fall within the clause “advancement of any other object of general public utility”. He, therefore, refused the registration against which the assessee has come up in appeal before the Tribunal.

CESTAT reduces Bank Guarantee amount & order provisional release of goods

September 12, 2021 708 Views 0 comment Print

Nathi Mal Rugan Mal Vs Commissioner of Customs (CESTAT Mumbai) The appellants claim that they have cooperated with the investigation and have deposited Rs. 70,00,000 (Rupees Seventy Lakhs only) towards the duty liability, if any, that may arise on the past imports after completion of investigation; in respect of the impugned goods also they have […]

Addition of two sheds to existing manufacturing cannot be seen as establishment of new industrial units

September 11, 2021 615 Views 0 comment Print

Union of India Vs Dharampal Satyapal Ltd. (Tripura High Court) This appeal is filed by the department to challenge the judgment of Customs, Excise and Service Tax Appellate Tribunal (CESTAT for short) dated 20.11.2019. Following substantial question of law is framed for our consideration: “Whether the Tribunal was right in law in coming to the […]

CBIC takes measures for Easing availability of containers for exporters

September 10, 2021 1401 Views 0 comment Print

CBIC has taken various measures over last year related to the subject cited above including the Special drive for disposal of unclaimed/uncleared/ seized/ confiscated goods vide Instruction No.17/2020-Customs dated 10.08.2020 which has enabled disposal of over 1.6 lakh consignments and follow up on long standing containers which resulted in the release of nearly 14,000 TEUs. Recently on 07.09.2021, the Board has circulated an updated list of long standing 19,738 TEUs [13,104 containers] received from Container Shipping Lines Association (CSLA) to the field formations.

CBIC rescind notification No. 34/2021- Customs dated 29.06.2021

September 10, 2021 2448 Views 0 comment Print

Seeks to rescind the notification No. 34/2021- Customs dated 29.06.2021. MINISTRY OF FINANCE (Department of Revenue) New Delhi, the 10th September, 2021 Notification No. 43/2021-Customs G.S.R. 625(E).—In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary […]

Customs & Central Excise inspector Imprisoned for Possession of DA

September 9, 2021 729 Views 0 comment Print

The Special Judge, CBI Cases, Ahmedabad (Gujarat) has sentenced Sh. Devender P. Sangwan, then Inspector of Customs & Central Excise, Surat (Gujarat) to undergo three years Rigorous Imprisonment with fine of Rs. 25,000/-. The Court has also ordered confiscation of Rs. 17,64,950/-+interest lying in FD with SBI and to be paid to the Government Exchequer.

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