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Data projector classifiable under sub-heading 85286200

January 12, 2022 1284 Views 0 comment Print

In re Audio Distribution House Pvt. Ltd (CAAR Mumbai) The projector under consideration has got certain additional ports such as HDMI, audio, composite, etc. Further, the product is compatible with an aspect ratio of 16:9, though the aspect ratio of 4:3 is native. These facts make it capable of being a video projector and consequently […]

Customs cargo service provider not entitled to charge any rent or demurrage on goods seized or detained or confiscated by Superintendent of Customs

January 12, 2022 3879 Views 0 comment Print

Green Gold Timbers Pvt. Ltd. Vs Commissioner of Customs (Gujarat High Court) The short point that falls for our consideration is, whether the customs cargo service provider (respondent no.3 herein) is entitled to charge any rent or demurrage on the goods seized or detained or confiscated by the Superintendent of Customs or Appraiser or Inspector […]

MCA increases additional fee to upto 18 times of normal filing fees

January 11, 2022 31485 Views 0 comment Print

Companies (Registration Offices and Fees) Amendment Rules. 2022 – WEF July 1, 2022, additional fees on form will be increased to 18 times from existing 12 times of normal fees. However, these excludes Annual Filings which are charged at Rs. 100 per day without any upper limit. Government of India MINISTRY OF CORPORATE AFFAIRS Notification […]

HC Quashes Assessment Order Passed Without issuing SCN & Mandatory Draft Assessment order

January 11, 2022 3093 Views 0 comment Print

Considering the fact that the impugned order has been passed without issuance of a show cause notice and mandatory draft assessment order, the impugned order passed by the first respondent cannot be sustained.

Request GST Commissioner to Extend Time for Rectifying Mistake in TRAN-1: HC directs Petitioner

January 11, 2022 5154 Views 0 comment Print

Pioneer Carbide Pvt. Ltd. Vs Union of India (Meghalaya High Court) The present matter is governed by Rule 117 of the CGST Rules of 2017. Thus, on plain reading of the Rule, a registered person who has submitted a declaration electronically in the relevant form is entitled to revise the declaration and file it afresh […]

Penalty cannot be imposed merely for non-filing of Audit Report Electronically

January 11, 2022 7629 Views 0 comment Print

SLV Housing Development Corporation Vs ACIT (ITAT Bangalore) The tax authorities have pointed out time gap in getting a tax audit report from a new CA. However, it is a known fact that it might have taken some time to severe relationship with the earlier CA. However, the fact remains that the tax audit report […]

GST on supply of Solar water pumping system alongwith installation

January 11, 2022 4773 Views 0 comment Print

In re Utsav Corporation (GST AAAR Rajasthan) It was held that controller will attract GST at appropriate rate applicable to items of Chapter Heading 8504. 2. Iron structure designed for use of solar panel is classifiable under Chapter Heading 7308 and neither be classified as solar power based devices nor called as solar power generators […]

Patna HC Quashes GST order passed in violation of Principles of Natural Justice

January 11, 2022 4866 Views 0 comment Print

We form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences.

Penalty cannot be imposed on Customs Broker if no deliberate act or omission

January 11, 2022 4896 Views 0 comment Print

Commissioner of Customs Vs B. Dhananjayan (CESTAT Chennai) For violation of Customs Brokers Licensing Regulations the agent is not an inspector, but rather a processing agent of documents with respect to clearance of goods through Customs House; that the mentioning of IE Code of the exporter in the shipping bill would itself reflect that before […]

NCLAT Stays Order Initiating CIRP as parties entered Settlement Agreement

January 11, 2022 1521 Views 0 comment Print

Vinayak K Deshpande Vs Nexo Industries P Ltd (NCLAT Chennai) In view of the fact that the Settlement Agreement has been entered into between the parties and based on the said Agreement, the subject matter is issue is resolved between the parties, as informed by the Learned Counsels appearing for the parties, this ‘Tribunal’, dismisses […]

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