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Vishwanath Builders guilty of profiteering in its project ‘Sarathya’

August 26, 2022 1194 Views 0 comment Print

Mahendra Kishanlal Prajapati Vs Vishwanath Builders (NAA) The Authority finds that the benefit of additional Input Tax Credit of 3.75% of the turnover has accrued to the Respondent for the project ‘Sarathya’. This benefit was required to be passed on to the recipients. Thus, Section 171 of the CGST, 2017 has been contravened by the […]

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1704 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

Different yardsticks not allowed for same property sale transaction by co-owners

August 26, 2022 1017 Views 0 comment Print

2 different yardsticks for same set of sale transaction made by co-owners not allowed. Assessee cannot be treated differently for similar transaction

Electricity Connection cannot be denied for pending Dispute of Land Ownership

August 26, 2022 6648 Views 0 comment Print

Company cannot decide disputed question of right & title, ownership or right of occupancy has no nexus with grant of electrical connection

Alternative Remedy of Appeal under SARFAESI Act available- HC dismisses Writ Petition

August 26, 2022 1830 Views 0 comment Print

Petitioners have efficacious alternative remedy of filing appeal under SARFAESI Act before DRT and therefore writ petition is dismissed

Section 40A(3) disallowance sustainable for Cash Purchase Exceeding Prescribed Limit

August 26, 2022 1026 Views 0 comment Print

Ashwin Barai Vs ITO (ITAT Chennai) We find that there is no dispute with regard to applicability of section 40A(3) of the Act, when cash payments made for any expenses in excess of prescribed limit, however, in each and every case provisions of section 40A(3) cannot be applied, because, real nature of transactions need to […]

Transport charges cannot be included in valuation for mining services

August 26, 2022 588 Views 0 comment Print

CESTAT held that transport charges cannot be included in valuation for mining services when transport activities been performed in mining area

Cabinet approves amendment to export policy for Wheat or Meslin Flour

August 26, 2022 705 Views 0 comment Print

The Cabinet Committee on Economic Affairs, chaired by the Prime Minister, Shri Narendra Modi has approved the the proposal for amendment of policy of exemption for Wheat or Meslin Flour (HS Code 1101) from export restrictions/ ban. Impact: The approval will now allow to put a restriction on the export of Wheat Flour which will ensure […]

Differential classification of same goods imported at different places would negate very purpose of Tariff Act

August 25, 2022 1812 Views 0 comment Print

Commissioner of Customs Vs Reliance Jio Infocomm Ltd (CESTAT Mumbai) Differential classification of same goods imported at different places would negate very purpose of Tariff Act CESTAT held that differential classification of the impugned goods imported at different places would negate the very purpose of the Tariff Act on the one hand and would cause avoidable […]

Import Policy of Artemia Cyst amended to Free from Restricted

August 25, 2022 462 Views 0 comment Print

The import policy of artemia cyst under ITC (HS) 05119140 is revised from ‘Restricted’ to ‘Free’ vide Notification No. 28/2015-2020 | Dated 25th August, 2022.  Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade New Delhi Notification No. 28/2015-2020 | Dated 25th August, 2022 Subject: – Amendment in Import […]

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