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Loading & Transportation of coal Service cannot be classified as ‘mining services’

April 13, 2022 2232 Views 0 comment Print

Commissioner of Service Tax Vs N.P. Earth Movers Pvt. Ltd.(CESTAT Delhi) The records indicate that M/s Western Coalfield Ltd. had awarded a contract to the respondent for loading and transfer of coal from one place to another in the licensed area of its mines situated at Wani and Majri and it was noticed by the department […]

Relaxation of time limit for depositing and filing ESI Contribution

April 13, 2022 17037 Views 1 comment Print

Keeping in view the problems being faced by the Employers in depositing ESI contribution for the contribution period March 2022, the Director General in exercise of powers vested under Regulation 100 has relaxed the provision as entered in Regulations 26 & 31 of the Employees’ State Insurance (General) Regulations, 1950.

Reopening based on wrong reasons cannot be a reason to believe that income has escaped assessment

April 13, 2022 717 Views 0 comment Print

Raimaladitya Textile Pvt. Ltd. Vs ITO (Bombay High C0urt) The allegations in the reasons recorded are that as per information summary available to Revenue there is company by the name Raimaladitya Textile Pvt. Ltd., from whom bogus loan has been taken in F.Y. 2012-13 in the sum of Rs.40,88,06,800/- and the said Raimaladitya Textile Ltd., […]

Sampling of Imported Toys cannot be avoided for Difficulties, or commercial detriment

April 13, 2022 948 Views 0 comment Print

Scale Arts In Vs Commissioner of Customs (NS-IV) (CESTAT Mumbai) Difficulties, or commercial detriment, in complying with the sampling prescriptions is not justifiable ground for excluding the import consignment from the rigours of prescribed testing that is obligated on the importer by the Foreign Trade Policy. Indeed, the policy has afforded sufficient latitude for such […]

No Section 54F exemption on Purchase of Office premises

April 13, 2022 6615 Views 0 comment Print

It is apparent from bare reading of section 54F that the exemption becomes available towards capital gain arising from the transfer of any long term capital asset on purchasing or constructing one residential house in India. Thus, it is patent that in order to qualify for exemption u/s.54F, it is necessary that the new asset must be a ‘residential house’.

Transponder charges are not in the nature of’ Royalty

April 13, 2022 774 Views 0 comment Print

ACIT Vs Viacom 18 Media Pvt. Ltd (ITAT Mumbai) The issue in dispute in these both appeal is whether the transponder charges paid by the assessee to three entities listed above is in the nature of the ‘royalty’ and liable for withholding tax. In respect of the three above listed entities, the Tribunal (supra) has […]

Performance Security cannot be retained after Acknowledgement of Due Performance of Contract

April 13, 2022 3096 Views 0 comment Print

High Court held that Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performance Bank Guarantee in question. There is no principle in law whereby BSNL could be permitted to retain the Performance Security after it had acknowledged due performance of the Contract.

‘C’ Form, cannot be denied for technical or administrative reasons: HC

April 12, 2022 5832 Views 0 comment Print

Srivenkateshware Tradex Pvt. Ltd. Vs Commissioner, Delhi Value Added Tax (Delhi High Court) It is not a case where there is a default or concealment or adverse material is found by the Commissioner suggesting inaccurate particulars in the returns. It is the case where all the documents and particulars were furnished correctly except that the […]

Weekly newsletter from Chairman, CBIC dated 11.04.2022

April 11, 2022 1122 Views 0 comment Print

Last week also saw Delhi Airport Customs seize 5.85 kg of Cocaine and 18 kg Heroin, in two separate cases. These are the latest in the string of recent cases of seizures of narcotics at the Delhi Airport. In the past six months alone, Delhi Airport Customs has seized more than 50 kg of Heroin and more than 12 kg of Cocaine at the Indira Gandhi International Airport. Kudos to the officers for a job well done!

SEBI (Listing Obligations and Disclosure Requirements) (Third Amendment) Regulations, 2022

April 11, 2022 2796 Views 0 comment Print

1. These regulations may be called the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Third Amendment) Regulations, 2022. 2. They shall come into force on the date of their publication in the Official Gazette.

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