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CESTAT directs Adjudicating Authority to pass a speaking order

January 3, 2023 1179 Views 0 comment Print

CESTAT restore the matter to the file of the Adjudicating Authority who shall pass a speaking order as per law after granting reasonable opportunities to the appellant and since the matter pertains to an earlier period which has travelled twice before this forum, the Adjudicating Authority shall pass a de novo order within a time-frame of 90 days from the date of receipt of this order by the respective Commissionerate.

HC dismissed writ filed against Penalty Order without filing any appeal against Assessment order

January 3, 2023 1200 Views 0 comment Print

Poddar Real Estates Pvt. Ltd Vs ITO (Calcutta High Court) By this writ petition petitioner has made prayer for cancellation of the impugned order dated 2nd December, 2016 passed under Section 144 read with Section 147 of the Income Tax Act, 1961 and subsequent penalty notice issued under Section 271(i) (c) of the Income Tax […]

Coal transported from pitheads of mines to railway sidings is not mining service

January 3, 2023 810 Views 0 comment Print

Chhaya Mahalley Vs Commissioner, Customs, Central Excise & CGST (CESTAT Delhi) The issue as to was whether coal transported from pitheads of the mines to the railway sidings would fall within the taxable service defined under section 65 (105) (zzzy) of the Finance Act was examined by the Supreme Court in Singh Transporters. The Supreme […]

ITAT quashes rectification order & demand; Says assessee seems to be a victim of official apathy

January 3, 2023 555 Views 0 comment Print

Kkalpana Plastick Ltd Vs ITO (ITAT Kolkata) After hearing the rival contentions of the ld. representatives of the parties and going through the record, we are of the view that in this case, the assessee seems to be a victim of official apathy. The facts of the file reveal beyond doubt that the assessee filed […]

Section 194C TDS applicable on conversion of raw milk into processed milk & products

January 3, 2023 6525 Views 0 comment Print

DCIT Vs Maahi Milk Producer Co. Ltd (ITAT Rajkot) The brief facts of the case the assessee is engaged in the business of selling milk and milk products. The assessee had made payment of Rs. 29,63,90,780/- to M/s. Mother Dairy and M/s. Giriraj Milk Pvt. Ltd. for conversion of raw milk into processed milk and […]

Guidelines on issuance of File Reference Numbers (FRN) to Cross Border Re­insurers

January 3, 2023 2574 Views 0 comment Print

Insurance Regulatory and Development Authority of India Guidelines Ref: IRDAI/REIN/GDL/MISC/2/1/2023 January 3, 2023 To The CEOs of All Insurers Subject: Guidelines on issuance of File Reference Numbers (FRN) to Cross Border Re­insurers 1. Background: A. The Indian Insurance Industry is poised for growth and the Authority has been taking various steps to reduce the protection […]

No case of alleged offence under Section 132(1)(a) of CGST Act is made out -HC Grants bail

January 2, 2023 1923 Views 0 comment Print

Hitesh Gaurishankar Patel Vs State of Gujarat (Gujarat High Court) 1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with Arrest Memo No.CBIC-DIN-20220764WU000000DE16 dated 19/07/2022 by the Inspector (A.E.), CGST, Gandhingar for the offence punishable under Section 132(1)(a), 132(1)(i) read with Section 137 of the […]

HC directs govt to appoint presiding officer in DRT to ensure speedy justice

January 2, 2023 1989 Views 0 comment Print

Nipun Praveen Singhvi Vs Union of India (Gujarat High Court) Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training Secretariat of the Appointments Committee of the Cabinet issued a notification dated 20.2.2022, whereby decision in respect of appointments approved by the Committee of Cabinet for filling up the posts of Presiding Officers […]

Dream 11’s fantasy sports not falls within the activity of gambling

January 2, 2023 1887 Views 0 comment Print

Varun Gumber Vs Union Territory of Chandigarh (Punjab & Haryana High Court) It has been found that horse racing like foot racing, boat racing, football and baseball is a game of skill and judgment and not a game of chance. The aforementioned finding squarely applies to the present case. Even from the submissions and contentions […]

CAAR allows TPuS method for goods to be imported from related party suppliers

January 2, 2023 1812 Views 0 comment Print

In re Sick India Pvt. Ltd (CAAR Mumbai) Regarding seeking certainty on consistency with the principles of customs valuation under process called Transfer Price System and steering Concept (TPuS) To summarise, a factual matrix submitted by applicant states that they propose to follow Transfer Pricing System and Steering Concept (TPuS) method also known as Resale […]

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