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CBIC notifies Common Customs Electronic Portal

March 29, 2021 2331 Views 0 comment Print

CBIC hereby notifies the common portal accessible through uniform resource locator (URL) https://www.icegate.gov.in as the Common Customs Electronic Portal for facilitating registration, filing of bills of entry, shipping bills, other documents and forms prescribed under the said Act or under any other law for the time being in force

Filing of Advance Bill of Entry under Section 46 of Customs Act, 1962

March 29, 2021 19863 Views 0 comment Print

Reference is also invited to legislative changes in Section 46 of the Customs Act, 1962 introduced through the Finance Act, 2021 and the Board Circular No. 08/2021-Customs dated 29.03.2021 conveyed vide Public Notice No. 29/2021 dated 29.03.2021 and Board Instruction No. 05/2021-Cutoms dated 24.03.2021 conveyed vide Public Notice No. 25/2021 dated 25.03.2021 issued by JNCH.

Few changes in Customs & GST to come into effect shortly: CBIC Chairman

March 29, 2021 1245 Views 0 comment Print

A few changes on the Customs and GST side are to come into effect shortly on the dates indicated in the Finance Act 2021 (no 13 of 2021) and in some others are independently slated to begin from lst of April, 2021. They have been publicized through our social media handles. However, field formations and DGTS should sensitize and hand hold the trade about the implementation of these changes, during this week. IT systems has also been geared up to incorporate and adopt the changes to make this transition smooth.

ITAT deletes addition made merely based on exparte Ad-Interim order of SEBI

March 28, 2021 1077 Views 0 comment Print

Tapas Kumar Mallick Vs ACIT (ITAT Delhi) A perusal of the assessment order clearly shows that the Assessing Officer was carried away by the report of the Investigation Wing and the exparte Ad-Interim order of the SEBI. It can be seen that the entire assessment order has been framed by the Assessing Officer without conducting […]

PMLA cases are totally independent of base offences: HC

March 28, 2021 6630 Views 0 comment Print

Babulal Verma Vs Enforcement Directorate (Bombay High Court) For initiation/registration of a crime under the PMLA, the only necessity is registration of a Predicate/Scheduled Offence as prescribed in various Paragraphs of the Schedule appended to the Act and nothing more than it. In other words, for initiating or setting the criminal law in motion under […]

Section 7 IBC- Action can be taken against Corporate Guarantor for Loan to Non-Corporate principal borrower: SC

March 26, 2021 10488 Views 0 comment Print

Laxmi Pat Surana Vs Union Bank of India (Supreme Court) The fact that the principal borrower had availed of credit/loan and committed default and that the (corporate) guarantor/corporate debtor had offered guarantee in respect of the loan account is not disputed. What is urged by the appellant is that the acknowledgment of liability to pay […]

No Penalty for mere change in nature of Loss from Business to Speculative

March 26, 2021 864 Views 0 comment Print

Af-taab Investment Company Ltd. Vs ACIT (ITAT Mumbai) In this case the assessee had a bonafide belief that the loss suffered by it is business loss. The change of nature of loss from business loss to speculative loss was not enough to impose penalty on the assessee. Therefore, we are inclined to delete the penalty […]

Delhi HC explains principles for initiation of Section 147 proceedings

March 26, 2021 2271 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) Delhi HC explains certain well-established principles enunciated by the courts over the years vis-à-vis initiation of proceedings under Section 147 of the Act. (i) The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should […]

Section 41(1) not applicable to Advance for bookings not claimed as allowance or deduction

March 25, 2021 3429 Views 0 comment Print

ACIT Vs Sunderdeep Construction Pvt. Ltd (ITAT Indore) On perusal of the finding of Ld. CIT(A) as well as the facts narrated before us along with the documentary evidences it is predominantly clear that the alleged amount of bogus creditors are not in the form of sundry creditors. These amounts are advances against booking of […]

Lottery is Gambling & requiring no skill and cannot attain the status of Trade

March 25, 2021 990 Views 0 comment Print

Big Star G Services LLP Vs State Of Arunachal Pradesh (Gauhati High Court) Lottery includes gambling as an element of chance which requires no skill and as held by the Apex court it would not attain the status of trade like other trades or become res commercium. Accordingly, the petitioner has no right to invoke […]

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