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Shreya Mishra

Latest Posts by Shreya Mishra

CESTAT directs that service recipient is liable to include free supply materials in Gross value of works contract

August 9, 2023 1035 Views 0 comment Print

The appellant at the outset submits that with effect from 01.06.2007, the new service namely Works Contract Service was made effective , classification of aforesaid service would undergone a change in case of long term contracts even though part of the service was classified under respective taxable service prior to 01.06.2007

Calcutta HC: Pre-Deposit Required for Section 34 Arbitration Act Applications under Section 19 MSME Act

August 8, 2023 1185 Views 0 comment Print

The petitioner filed an application for stay of an arbitral award passed by the West Bengal State Micro Small Enterprises Facilitation Council.

Goodwill acquired on Amalgamation is Eligible for Depreciation u/s 32 of Income Tax Act

August 8, 2023 1113 Views 0 comment Print

The assessee is a wholly owned subsidiary of GBT III BV, Netherlands and is engaged in the business of arranging travel for domestic customers within and outside India by facilitating services entailing booking of air tickets, accommodation, cab, conference rooms, catering services, management of corporate events, public relation services etc.

Nature of business services is more important rather than brand name used in case of providing exemption: CESTAT Ahmedabad

August 8, 2023 549 Views 0 comment Print

The appellants are cable operator and providing cable services to the subscribers on the basis of signals received from the MSO. The subscriber has not asked for any brand for providing the said services.

Cancellation of Customs Brokers licence quashed by CESTAT Delhi on grounds of non- violation of CBLR, 2013

August 8, 2023 438 Views 0 comment Print

Trinity International Forwarders, the appellant assessee was a Customs Broker. The assessee had been accused of violated the Regulations of 11(d), 11(e) or 11(n) of Customs Broker Licensing Regulations, 2013.

For Interest Calculation ‘month’ cannot be considered as per British calendar month: ITAT Jaipur

August 7, 2023 1236 Views 0 comment Print

The assessee company was engaged in business of trading and manufacturing of Bakery items. It filed its return on 12.03.2022 declaring total income of Rs. 14,22,15,640/-. During the year under consideration, assessee has made payment of Rs. 15,22,68,970/- on 16.02.2021 to M/s Everfoods Asia Pvt. Ltd.

Power to transfer appeals is vested with benches of ITAT & not with President

August 7, 2023 1089 Views 0 comment Print

The assessee, M/s. K.K. Patel Finance Ltd has jurisdiction in Indore. The Assistant Commissioner of Income Tax passed assessment orders, indicating jurisdiction. The parties discussed appellate jurisdiction between the ITAT and the High Court based on the Assessing Officers location. The assessees counsel requested the appeals be transferred to the ITAT Indore Bench for adjudication.

10% TDS Applicable on Payment to FSII for Availing Pilot training, rules ITAT

August 7, 2023 1488 Views 0 comment Print

The assessee is a company engaged in the business of Air Transport of Passengers and is a holder of Non-Scheduled Air Transport (Passenger) Services (NSOP) permit granted by the Director General of Civil Aviation / Ministry of Civil Aviation.

PMLA case: Bail application of Minister Mohammad Nawab Malik rejected

August 7, 2023 684 Views 0 comment Print

The Applicant, Mohammad Nawab Mohammad Islam Malik, NCP Leader and Minister arrested for committing offence under the Prevention of Money Laundering Act, 2002 (PMLA) on 23.02.2023

CESTAT Delhi quashes demand as Revenue fails to prove undervaluation of goods to reject invoice transaction value

August 7, 2023 270 Views 0 comment Print

The respondent/importer had filed three bills of entry dated 27.01.2021 for clearance of imported goods Zinc Scrap, Saves/Scope which were imported from M/s Olympic Metal, Miami, USA. As the Department noticed that the declared value of the goods was lower than the contemporaneous import of similar goods and that the sale involved an abnormal discount and abnormal rejection from ordinary competitive prices, a query was raised from the importer to provide material/evidence to justify the declared value in terms of Section 17(3) of the Customs Act, 1962

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