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HC deletes penalty under GST as there was no intention to evade tax

April 7, 2022 11067 Views 1 comment Print

Considering the fact that there is only a technical breach committed by the petitioner and there is no intention to evade tax, I am inclined to quash the impugned order and allow this writ petition by directing the respondent to release the vehicle and the consignment to the petitioner, if the same has not been released already.

If no incriminating material found during Search- Section 68 additions not sustainable

April 7, 2022 2019 Views 0 comment Print

Since no incriminating material was found during the course of search, as regards the additions made u/s.68 of the Income Tax Act, therefore, no additions could be made.

Use of Aadhaar & how it is different from other government identity

April 7, 2022 1254 Views 0 comment Print

Aadhaar is a unique 12 digit random number assigned to a resident which is apart from offline or physical  verification, verifiable online anywhere anytime using the Aadhaar authentication platform. Aadhaar authentication responds only with ‘yes/no’ answer.

Cost of consumable cannot be claimed as cost of improvement of Capital Assets

April 7, 2022 8109 Views 0 comment Print

Meeta Hasmukh Gandhi Vs ITO (ITAT Mumbai) From the details, it is evident that assessee is claiming cost of improvement, which are consumable items on account of furnishing sofa etc. The authorities below are correct that these items cannot be considered as cost of improvement for computation of capital gain. FULL TEXT OF THE ORDER […]

Guidelines in pursuance of amendment to SEBI KYC Registration Agency (KRA) Regulations, 2011

April 6, 2022 2733 Views 0 comment Print

KRAs shall continue to act as repository of KYC data in the securities market and shall be responsible for storing, safeguarding and retrieving the KYC documents and submit to the Board or any other statutory authority as and when required.

No violation if IRP allowed higher interest rate as per RERA Court order

April 6, 2022 2649 Views 0 comment Print

The DC notes the submission of Mr. Singal that admission of higher interest was not possible if claims were continued to be classified under FC in class category and since in RERA decree, the Hon’ble Court has allowed interest ranging from 8-18% and, therefore, he had no option but to allow them interest as per […]

Delay in intimation of Change in Object Calsue – MCA Imposes Penalty

April 6, 2022 1245 Views 0 comment Print

This document is a notice issued by the Registrar of Companies, Gujarat, Dadra & Nagar Haveli, under the Ministry of Corporate Affairs, India. The notice pertains to the adjudication of a penalty against Starnet Real Estate Development Limited (formerly known as Starnet Software (India) Limited) for violation of Section 117 of the Companies Act, 2013. […]

HC dismisses PIL and imposes ₹50k Cost on litigant for misleading the court

April 6, 2022 2766 Views 0 comment Print

Ram Prasad Rajouriya Vs State of U.P. and others (Allahabad High Court) one of the two cherished basic values by Indian society for centuries is “satya” (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre-Independence era, however, post-Independence period […]

Remand Order Cannot Be Passed As A Matter of Course: SC

April 6, 2022 8817 Views 0 comment Print

Nadakerappa Vs Pillamma (Supreme Court of India) The Division Bench, without assigning any cogent reasons, has set aside the order of the learned Single Judge and has remanded the matter to the Land Tribunal. It is settled law that the order of remand cannot be passed as a matter of course. An order of remand […]

No Penalty on Importer for Error by Shipper/Exporter in Bill of Entry

April 6, 2022 1827 Views 0 comment Print

Callmate India Pvt Ltd Vs Commissioner of Customs (CESTAT Delhi) CESTAT finds that there is no case of deliberate mis-declaration made out on the part of the Appellant importer. The Bill of Entry had been filed as per the packing list and Bill of Lading. Further, the Shipper/Exporter have accepted their mistake, there being error […]

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