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GST on Construction of IT towers for TSIIC

March 2, 2022 3288 Views 0 comment Print

In re Siddhartha Constructions (GST AAR Telangana) The Memorandum of Association of TSIIC at clause III(a)(3) clearly states that the company pursues the objectives to implement the schemes of incentives, subsidies and the like formulated by the Government of Telangana or Government of India or other authorities or institutions and to administer such schemes of […]

Issue of Section 148 notice on non-existing entity is not a curable mistake

March 1, 2022 4548 Views 0 comment Print

Where notice under section 148 was issued to a non-existing entity as said entity ceased to exist at the time of the issue of the notice on account of merger; the said notice was liable to be quashed and it was not an error that could be corrected under section 292B.

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

March 1, 2022 5598 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 3603 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 3996 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 5151 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 1515 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 1569 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 2877 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 1527 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 […]

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