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Customs Duty Exemption cannot be denied for procedural lapse

November 24, 2022 14685 Views 0 comment Print

M J Gold Pvt Ltd Vs Principal Commissioner of Customs (Import) (CESTAT Delhi) Admittedly, the Customs Authority while verifying the origin of goods had issued a questionnaire and denied the benefit on the ground that the complete questionnaire was not answered by the appellant creating a doubt about the Country of origin Certificate. The perusal […]

Change in COC Composition will not affect costs & fees ratified by earlier CoC

November 24, 2022 1341 Views 0 comment Print

DBS Bank India Pvt. Ltd. Vs Rakesh Kumar Jain (NCLAT Delhi) The proviso in Regulation 12(3) of CIRP Regulations, 2016 clearly stipulates that if any decision is taken by the committee (CoC), prior to the reconstitution, which in this case is the ratification of the fees and the expenses, its validity will not be affected. […]

Inclusion of GSTN as a Financial Information Provider under Account Aggregator Framework

November 23, 2022 1149 Views 0 comment Print

With a view to facilitate cash flow-based lending to MSMEs, it has been decided to include Goods and Services Tax Network (GSTN) as a Financial Information Provider (FIP) under the Account Aggregator (AA) framework. Department of Revenue shall be the regulator of GSTN for this specific purpose and Goods and Services Tax (GST) Returns, viz. Form GSTR-1 and Form GSTR-3B, shall be the Financial Information.

TDS not deductible on NCDs & FDR of value less than Rs. 5000: SC

November 23, 2022 3546 Views 0 comment Print

SC held that that on non-convertible debentures and fixed deposit of the value less than Rs.5,000/-, there shall not be any TDS leviable.

CIT(A) cannot accept Additional Evidence in Violation of Rule 46A

November 23, 2022 1818 Views 0 comment Print

When additional evidence entertained by the CIT(A) has not been brought on record in accordance with Rule 46A subsequent findings on the same are vitiated because there is not even a whisper of remand report admittedly submitted in this case by the AO.

PML Act: Director or Additional Director can issue summons to a person

November 23, 2022 858 Views 0 comment Print

A conjoint reading of sub Section (1) (b) & (2) of Section 50 of Prevention of Money-Laundering Act, 2002 makes it abundantly clear that it is wide enough to authorize and empower Director or Additional Director to issue a summons to a person.

Appeal abates with effect from date of approval of resolution plan by NCLT

November 23, 2022 1773 Views 0 comment Print

Murli Industries Ltd. Vs Commissioner of Central Excise & Customs (CESTAT Mumbai) It is not disputed that the Resolution Plan for the appellant company was approved by Learned NCLT vide its orders dated 3.7.2019 and 22.7.2019. As per Section 31(1) of I&B Code, once a resolution plan is duly approved by the Adjudicating Authority, the […]

Draft IFSCA (Appointed Actuary) Regulations, 2022

November 23, 2022 573 Views 0 comment Print

Draft IFSCA (Appointed Actuary) Regulations, 2022 regulations aim to lay down the regulatory framework for the persons who are authorised to perform the roles and discharge the functions of ‘Appointed Actuary’ for the IIOs.

HC directs BDA to reconsider question of levy of GST on sale of developed plots

November 23, 2022 1650 Views 0 comment Print

Petition is disposed of with direction to Bhopal Development Authority to reconsider question of levy of GST on sale of developed plots to petitioners

FCCDs are debt till it is converted into equity- ITAT allows Benchmarking by applying LIBOR plus 200 points

November 23, 2022 3819 Views 0 comment Print

Watermarke Residency Limited Vs DCIT (ITAT Hyderabad) In the present case, the TPO had benchmarked the transaction after treating the FCCDs as debt. This finding of TPO was based on Terms of issuance of FCCD and balance-sheets/ financials of the assessee as well as of it’s A.E, where both had mentioned FCCD as debt. We […]

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