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Liability to pay demurrage is on importer, irrespective of reason for seizure /detention of goods

December 20, 2019 13494 Views 0 comment Print

Global Impex Vs Manager, Celebi Import Shed And Anr. (Delhi High Court) (i) The custodian has a lien over the imported goods, consigned to its custody. This lien may be statutory, as provided under the IAA Act, all the Major Port Trusts Acts, or contractual. It may also be relatable to Sections 170 and 171 […]

GST: Liability of interest U/s. 50 is automatic but quantification needs arithmetic exercise

December 19, 2019 21765 Views 1 comment Print

Assistant Commissioner of CGST & Central Excise Vs Daejung Moparts Pvt Ltd. (Madras High Court) View of Third Member The question raised is as to whether interest on delayed payment of tax as contemplated under Section 50 of the Central Goods and Services Tax Act, 2017, is automatic or the same is to be determined, […]

Establishment of Special Court in Jammu and Kashmir under Company Law

December 19, 2019 384 Views 0 comment Print

Chief Justice of the High Court of Jammu and Kashmir, hereby makes the following amendments in the notification of the Government of India, Ministry of Corporate Affairs, number S.O. 1796(E), dated, the 18th May, 2016, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), namely:-

Final Seniority List of IRS officers in DCIT and ACIT Grade

December 19, 2019 13680 Views 0 comment Print

Final Seniority List of IRS Officers upto 2013 batch in the grade of DCIT and ACIT grade of 2014 batch as on 01.04.2019 – reg.

Mere dismissal of SLP by SC does not constitute a declaration of law

December 18, 2019 2619 Views 0 comment Print

P. Singaravelan & Ors. Vs The District Collector Tiruppur and DT & Ors (Supreme Court) It is useful to recall that it is well-settled that the dismissal of an SLP against an order or judgment of a lower forum is not an affirmation of the same. If such an order of this Court is non-speaking, […]

Company with huge asset base cannot be compared with company having insignificant assets

December 18, 2019 1272 Views 0 comment Print

If a company is having huge asset base, brand value, goodwill and presence in global market with significant R & D, then it cannot be compared with a company which is purely captive service provider in ITeS/BPO, having low risk and insignificant assets.

No penalty on additional income disclosed voluntarily in return filed in response to Section 153A notice 

December 18, 2019 2136 Views 0 comment Print

Assessee had disclosed additional income in return filed in response to notice issued under section 153A voluntarily, hence, there could not be any penalty under Expln. 5A to section 271(1)(c) as income disclosed by assessee in pursuance to search was not based on incriminating document.

Listing fees paid to stock exchange cannot be treated as capital expenditure

December 18, 2019 9231 Views 0 comment Print

DCIT Vs Great Eastern Energy Corporation Ltd. (ITAT Delhi) In the present case, the appellant has shifted its global depository receipt exchange from AIM London stock exchange to the main market London stock exchange without increasing any capital but to provide a bigger platform to global depository receipt holders to trade their holding. The learned […]

AO cannot Reject the Claim for being raised for First Time

December 18, 2019 1104 Views 0 comment Print

Assessing Officer ought to have evaluated the claim made by the assessee for write-off of liability by Canara Bank in its favour amounting to Rs. 1,36,45,525/-, and should not have rejected the same merely on the ground of it being raised for the first time.

Section 147/ 151: Sanction granted by superior officer is not relevant

December 18, 2019 1779 Views 0 comment Print

Court held that where the Act provides for sanction by the Joint Commissioner of Income Tax in terms of section 151, then the sanction by the Commissioner of Income Tax would not meet the requirement of the Act and the reopening notice will be without jurisdiction.

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