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Extension of time for completion of OTS cannot be claimed as right by borrower

March 1, 2022 5523 Views 0 comment Print

Aseem Gaind Vs Axis Bank (Punjab & Haryana High Court) Admittedly, even according to the petitioner, his business has been closed since 2015. The reason for closure of the petitioner’s business is only indicated as ‘unavoidable and unforeseen circumstances’, and no particulars are forthcoming. The illness of petitioner’s father is also admittedly during the period […]

DGFT relaxes conditions for import of Moong (HS Code 07133190)

February 28, 2022 3489 Views 0 comment Print

Representations have been received from various entities indicating that certain firms have entered into purchase contract prior to 11.02.2022 for import of Moong (ITC(HS) Code 0713 31 90) with either (i) advance payment, or (ii) partial advance payment and remaining amount payable against Documents (CAD).

No capital gain if developer was allowed to enter property for mere construction under JDA

February 28, 2022 3951 Views 0 comment Print

Income Tax dispute: Anugraha Shelters challenges capital gain assessment. Joint Development Agreement not treated as possession under sec.53A of Transfer of Property Act.

No Redemption Fine when Goods allowed to be Re-Exported

February 28, 2022 5091 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 1494 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 1512 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 2793 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 1494 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 1290 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 9972 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, […]

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