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ADG of DRI not a proper officer for issue of SCN as he has not assessed & cleared the goods

January 1, 2022 2547 Views 0 comment Print

Commissioner of Customs (Export) Vs Reliance Industries Limited (Bombay High Court) The proper officer, to whom power is conferred by Section 28 of the said Act and other related provisions would necessarily mean the proper officer, who in the first instance, assessed and cleared the goods, i.e., Apprising Officer of Air Cargo Complex. Therefore, the […]

Writ Petition challenging GST order not maintainable as Alternative Statutory Remedy available

January 1, 2022 6780 Views 0 comment Print

Ram Prasad Ganga Prasad Vs Assistant Commissioner (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order of adjudication dated 1st November, 2021 passed by the GST Authority concerned as appears at page 47 to the writ petition. Main ground of challenge of the impugned adjudication order by the petitioners is that […]

WhatsApp Group Administrator not Liable for Objectionable posts by Members

January 1, 2022 21102 Views 2 comments Print

If the petitioner had played the role of a WhatsApp group administrator alone and nothing else, then while filing final report, the petitioner’s name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits.

Section 10(46) exemption to Bureau of Indian Standards

December 31, 2021 14565 Views 0 comment Print

Vide Notification No. 142/2021-Income Tax | Dated: 31st December, 2021 CBDT notifies Tax Exemption to Bureau of Indian Standards (BIS), set up by the Bureau of Indian Standards Act, 1986, in respect of the specified income under section 10(46) of Income Tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) […]

Application for reduction of share capital maintainable under Section 66: NCLAT

December 31, 2021 7530 Views 0 comment Print

Brillio Technologies Pvt. Ltd. Vs Registrar of Companies (NCLAT Delhi) NCLAT that the NCLT has erroneously held that the Application for reduction of share is not maintainable under Section 66 of the Act, consent affidavits from the creditors is mandatory for reduction of share capital, SPA cannot be utilized for making payment to non-promoter shareholders, […]

Extension of Last Date for Submitting applications for Scrip based FTP Schemes

December 31, 2021 12618 Views 0 comment Print

The last date of submitting applications under MEIS, SEIS, ROSCTL, ROSL and 2% additional ad hoc incentive (under para 3.25 of FTP) which was earlier notified to be 31.12.2021 has been extended till 31.01.2022.

Cenvat Credit not eligible on transportation of employees

December 31, 2021 2853 Views 0 comment Print

HC held that Cenvat Credit not eligible on facility of transportation provided by the appellant to its employees as same was merely in the nature of service for personal use or consumption of its employees.

RIl not eligible to avail Vivad Se Vishwas scheme benefit as prosecution was instituted against them under PC Act

December 31, 2021 1233 Views 0 comment Print

Reliance Industries Limited Vs CCIT (Bombay High Court) Respondent no.1, by letter dated 21st October 2020, replied to petitioner’s application dated 15th April 2020 that petitioner was eligible / entitled to avail the benefit of DTVSV (Direct Tax Vivad Se Vishwas) Act in accordance with law. Following the said communication, petitioner filed 27 applications for […]

Sea Cargo Manifest and Transhipment (Ninth Amendment) Regulations, 2021

December 31, 2021 1737 Views 0 comment Print

CBIC notifies Sea Cargo Manifest and Transhipment (Ninth Amendment) Regulations, 2021 vide Notification No. 109/2021- Customs (N.T.) | Dated: 31st December, 2021. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 109/2021- Customs (N.T.) | Dated: 31st December, 2021 G.S.R. 930(E).—In exercise of the powers conferred by […]

CBIC amends Schedule for Drawback on exports of goods wef 01.01.2022

December 31, 2021 29682 Views 0 comment Print

CBIC amends Schedule for Drawback on exports of goods wef 01.01.2022 vide Notification No. 108/2021- Customs (N.T.) | Dated: 31st December, 2021. MINISTRY OF FINANCE (Department of Revenue) New Delhi Notification No. 108/2021- Customs (N.T.) | Dated: 31st December, 2021 G.S.R. 929(E). –In exercise of the powers conferred by sub-section (2) of section 75 of […]

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