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Antenna for base station classifiable under customs 85177090 as parts

February 28, 2022 3264 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 1332 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 798 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 1584 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 2871 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 3501 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 57912 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 […]

Advance ruling cannot sought by applicant in relation to supply being received by him

February 28, 2022 2208 Views 0 comment Print

In re Cosmic CRF Limited (GST AAR West Bengal) In terms of clause (a) of section 95 of the GST Act, an advance ruling means a decision provided by this Authority or the Appellate Authority, as the case may be, on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) […]

GST not leviable on supply incurred during warranty period, free of cost

February 28, 2022 3264 Views 0 comment Print

Q2. Whether GST leviable on supply of materials and labour charges incurred during the warranty period, free of cost? A2. Supply of materials and labour while rendering warranty services during the warranty period, free of cost, does not attract GST

AO not entitled on change of opinion to commence reassessment proceedings

February 28, 2022 3375 Views 0 comment Print

Macrotech Developers Limited Vs ACIT (Bombay High Court) The question is whether there was a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of Assessment Year 2012-13. It is not the case that there is failure on the part of the assessee to make […]

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