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

April 15, 2022 5316 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 5112 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 828 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 3888 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 1089 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.

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

April 13, 2022 2715 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 18369 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 924 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 1233 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 6864 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’.

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