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Appeal effect order has to be passed within 3 months of passing of appeal order

November 4, 2022 18483 Views 0 comment Print

In any event, in accordance with the mandate of law, the appeal effect order has to be passed within three months of passing of the appeal order.

HC have no jurisdiction to entertain appeal related to taxability of service

November 4, 2022 522 Views 0 comment Print

Commissioner of Service Tax Vs Surindra Engineering Co. Ltd (Bombay High Court) Sub-section (2) to section 35L was inserted with effect from 6th August 2014, i.e., prior to the passing of the order impugned in the present appeal by the CESTAT. Even otherwise, this Court in the case of Commissioner of Central Excise, Mumbai-V Vs. […]

Expense on gifting of freebies to medical practitioners not allowable

November 4, 2022 930 Views 0 comment Print

Mankind Pharma Ltd Vs DCIT (ITAT Delhi) The issue in the present ground is with respect to the disallowance of sale promotion expenses of Rs.1,06,78,600/- by holding it to be covered by Explanation of Section 37(1) of the Act. We find that Hon’ble Apex Court in the case of Apex Laboratories Pvt. Ltd. (supra) has […]

People who want to feed Street Dogs must adopt them: HC Prohibits Public Feeding of Stray Dogs In Nagpur

November 4, 2022 3897 Views 0 comment Print

Nagpur Municipal Corporation to ensure that, no feeding of street dogs takes place at any place except at the own place of the dog feeder or in the dog shelter homes or any other authorised place and we also direct him to impose appropriate penalty for any breach of these directions, which penalty may not be more than of Rs.200/- for every breach as per the resolution already passed in this behalf by Nagpur Municipal Corporation.

Regulation of Digital Money Lending Platforms- SC declines to interfere in Policy decisions

November 4, 2022 315 Views 0 comment Print

Shankar Nagesh Mutkiri Vs Reserve Bank of India (Supreme Court of India) Invoking the jurisdiction under Article 32 of the Constitution, the petitioner seeks a direction to the Reserve Bank of India (RBI) to take steps to regulate or disable unauthorized money lending platforms; to frame guidelines to ensure oversight over digital money lenders and for […]

Arbitrator become Ineligible if his Close Relative is controlling the Company

November 4, 2022 546 Views 0 comment Print

Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court) 1. The challenge in the present petition is to continuance of the Arbitrator presently seized of adjudicating the dispute between the parties in view of declaration made by such Arbitrator on 9th September, 2021 that his younger brother was at that point in […]

ITAT deletes addition for unexplained cash deposits- As Assessee duly explained the source

November 4, 2022 726 Views 0 comment Print

Bipinchandra Purshotamdas Patel Vs ITO (ITAT Ahmedabad) ITAT find that the assessees explanation for source of cash deposits of Rs.6.00 lakhs in his Bank of India account, which is in dispute before us, as being out of his share in the sale of land, jointly owned along with members of his family, is duly and […]

Reversal of Cenvat credit amounts to non-taking of credit on inputs

November 4, 2022 1032 Views 0 comment Print

Marudhar Spinning Mills Pvt Ltd Vs C.C.E (CESTAT Ahmedabad) Short issue required to be decided in this matter is as to whether such reversal of credit, either by payment of 6% in terms of Rule 6 or by debiting the same from the Cenvat credit account, would result to satisfying the condition of notification No. […]

GST Registration cancellation by AO, GST Tribunal not established- HC directs AO to consider grievance of petitioner

November 4, 2022 453 Views 0 comment Print

Petitioner seeks quashing of order dated cancelling GST registration as well as order dismissing appeal filed by petitioner. In this case Assessing Officer has suo motu cancelled the GST registration of the petitioner on the ground of non-filing of returns and as GST Tribunal has not been constituted under Section 109 of the CGST Act, petitioner would be left without any remedy.

Mere failure to pay tax in time cannot be treated willful attempt to evade tax to prosecute an assessee

November 4, 2022 816 Views 0 comment Print

Valecha Investments Pvt. Ltd Vs ITO (Bombay High Court)  HC held that mere default in payment of tax, unless such default arises out of circumstances which has the effect of assessee defeating payment, the expression ‘willful attempt’ cannot be imported to mean failure to pay tax. It is also held in paragraph 10 that mere […]

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