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No Redemption Fine when Goods allowed to be Re-Exported

February 28, 2022 4212 Views 0 comment Print

Perfect Trading Company Vs Commissioner of Customs (AIR) (CESTAT Chennai) In the present case, the adjudicating authority has also imposed penalty of Rs.2 lakhs. The adjudicating authority after considering the submissions made by the appellant that the goods were intended to be supplied to another customer of another country has allowed the request for re-export. […]

Service tax not payable on software maintenance services for the period 9.7. 2004 to 30.11.2005

February 28, 2022 1056 Views 0 comment Print

Mindtree Ltd Vs Commissioner of Service Tax (CESTAT Bangalore) It was not intention of the Government to tax software services as information technology services including ‘Software Maintenance Services’ were excluded from ‘Business Auxiliary Services’; the explanation added in the definition of ‘Goods’ to include computer services if can only be prospective from 1.6.2007 and the […]

No external aid for interpretation called for when language of Entry in question was clear in itself

February 28, 2022 1242 Views 0 comment Print

Authority For Clarification and Advance Ruling Vs Aakavi Spinning Mills (P) Ltd (Supreme Court) As noticed, the Entry in question, as inserted into the Fourth Schedule to the Act, is clear and specific that is, Hank Yarn; it carries neither any ambiguity nor any confusion. Undoubtably, the yarn in the hank form (which is a […]

Tariff Notification No. 12/2022-Custom (N.T.), Dated: 28.02.2022

February 28, 2022 1860 Views 0 comment Print

Notification No. 12/2022-CUSTOMS (N.T.)- -Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver- Reg. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 12/2022-CUSTOMS (N.T.) | Dated: 28th February, 2022 S.O. 900(E).—In exercise of the powers conferred by sub-section (2) of section […]

Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record

February 28, 2022 1290 Views 0 comment Print

Pavel Garg Vs ACIT (ITAT Delhi) Annual value of house property cannot be determined on ad-hoc basis when rent realized by assessee in subsequent years is on record ITAT finds that the AO has computed 10% of the value of investments in house property whereas the ld. CIT(A) reduced the amount to 5% of the […]

IFSCA (Form of Annual Statement of Accounts) Rules, 2022

February 28, 2022 747 Views 0 comment Print

These rules may be called the International Financial Services Centres Authority (Form of Annual Statement of Accounts) Rules, 2022.

Loss from Investments in subsidiaries made in normal course of business to make business more profitable allowable

February 28, 2022 7728 Views 0 comment Print

Refex Industries Limited Vs DCIT (ITAT Chennai) From the factual matrix as enumerated in preceding paragraphs, it could be gathered that the assessee was engaged in refrigerant gases which are used mostly in Air Conditioners, refrigerators and refrigerating equipments. With a view to expand its business and with a view to facilitate import of gases, […]

SEBI not competent to take action against CA for lack of Due Diligence

February 28, 2022 1866 Views 0 comment Print

Mani Oommen Vs SEBI (Securities Appellate Tribunal) SAT held that once the appellant is not found responsible for the preparation of the financials of the company merely because he was not cautious or did not carry out due diligence properly will not suggest that the appellant colluded with the promoters and the directors of the […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1071 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

Comfort patch classifiable under HSN 3005- GST Rate 12%

February 28, 2022 3822 Views 0 comment Print

In re Lagom Labs Private Limited (GST AAR Tamilnadu) Q. Whether the Cramp comfort patch are to be classified under Chapter Heading 3004 attracting 12% GST under serial no. 63 or Chapter Heading 3005 attracting 12% GST under serial no. 64 in Schedule II of Notification 01/2017 – Central Tax (Rate) dated 28 June 2017 […]

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