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Vehicle carrying goods ought not to be stopped/seized by authorities for expiry of E-way bill

April 18, 2022 36690 Views 2 comments Print

Podder & Podder Industries Private Limited Vs State of Tripura and others (Tripura High Court) HC held that balance has to be brought between transportation of goods as well as the taxing event i.e. the sale or purchase of goods of service. In a case where there is no doubt that a transaction is made […]

Proviso (v) To Section 14(1) SARFAESI Act is Valid Constitutionally

April 17, 2022 2616 Views 0 comment Print

Kumaresh K Vs Union Of India and Other (Karnataka High Court) It is evident that Section 14(1)(v) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides that an application which may be submitted by the secured creditor shall be accompanied by an affidavit duly affirmed by authorized […]

Court can take cognizance of complaint for ‘cheque bounce’ on Notice Pursuant To ‘Re-Presentation’ of Cheque

April 17, 2022 6339 Views 0 comment Print

Sri Gadadhar Barik Vs Sri Pradeep Kumar Jena and another (Orissa High Court) Supreme Court in M/s. Sicagen India Ltd. Vrs. Mahindra Vadideni and Others (Criminal Appeal Nos.26-27 of 2019) decided on 8th January, 2019, wherein, held that even a second statutory notice after re-representation of cheque is maintainable in law. In fact, the issue […]

Waive mandatory requirement of GST No. for trade on ecommerce: CAIT

April 16, 2022 4476 Views 0 comment Print

As per existing GST laws, any person who supplies goods through an e-commerce operator, is required to compulsorily register under GST, irrespective of the turnover of such persons. Accordingly, even where the turnover does not cross any threshold limit, such business would be required to register under GST and undertake all subsequent periodic compliances under GST.

Reasonable cause for failure to submit Tax Audit Report- ITAT deletes Penalty

April 15, 2022 3222 Views 0 comment Print

Air India Air Transport Services Ltd. Vs DCIT (ITAT Mumbai) We find some force in the submission of assessee that assessee being a Public sector company Act had to submit its audit report in Form 3CA in which report u/s 44AB is required to be submitted for the said purpose. The Tax Audit report u/s […]

Less than 24 Hours allowed for personal hearing & adjournment not allowed- HC Quashes Assessment Order

April 15, 2022 4413 Views 0 comment Print

Dr K R Shroff Foundation Vs Additional CIT/ JCIT/ DCIT/ ACIT / ITO (Gujarat High Court) It is a matter of record that the show cause notice dated 21.04.2021 was responded to on 26.04.2021. The hearing through video conference was requested for between 4:00 pm. to 6:00 pm. on any working day, however, the show […]

Arbitral Award cannot be Set Aside merely for Erroneous Application of Law or Misappreciation of Evidence: SC

April 15, 2022 4863 Views 0 comment Print

Haryana Urban Development Vs Mehta Construction Company (Supreme Court of India) Sub-section (2)(a) to Section 34 of the Act inserted with effect from 23rd October 2015 states that the arbitral award may be set aside by the court if the court finds the award is vitiated by patent illegality appearing on the face of the […]

Mere non cancellation of Registration under Companies Act not means continuing of business activity

April 15, 2022 555 Views 0 comment Print

Lehman Brothers Securities Pvt. Ltd. Vs Commissioner of Central Tax, Central Excise & Service Tax (CESTAT Mumbai) Merely because the appellant is still registered under the Companies Act and has not get the said registration cancelled does not mean that they are carrying out business activity. It is nowhere the case of the Revenue that […]

Violation of RBI notification not attracts Section 68 addition – Deposit of demonetized notes

April 15, 2022 3534 Views 0 comment Print

ITAT unable to understand as to how the contraventions, if any, of the notification issued by RBI would attract the provisions of sec. 68 of the Income tax Act.

Government reduces import duty of cotton to zero 

April 14, 2022 876 Views 0 comment Print

The Selection Committee chaired by Secretary, Ministry of Textiles, Shri U.P. Singh has selected 61 applicants under Production Linked Incentive (PLI) Scheme for Textiles. A total of 67 applications were received for the PLI scheme out of which 15 applications are under Part-1 and 52 applications are under Part-2.

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