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HC allows payment by Dharma Productions to SRK owned Company

June 11, 2017 1608 Views 0 comment Print

It was observed that the assessee company is owned by Mr. Karan Johar and RCEPL is owned by Mr.Shahrukh Khan. Both are known personalities of Indian film industry. The authorities have not disputed the fact of providing services by Mr.Shahrukh Khan in the production and marketing of the film `Kaal’. The film was released under […]

Official Liquidator can file claim within a period of 4 years from winding up order date

June 10, 2017 5535 Views 0 comment Print

Official Liquidator (OL) could file claim within a period of four years from the date of winding up order, by taking the benefit of one year period immediately following the date of the winding up order, as provided under section 458A of the Act and the three years period provided under Article 137 of the Limitation Act.

No Action Can Be Taken against Tobacco Manufactures under FSSAI Act as it’s not a food product

June 9, 2017 6726 Views 0 comment Print

The only submission made by the learned counsel for the petitioners is that the sale of tobacco would not attract the provisions of the enactment. He further submits that as per Rule 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations Act, 2011, tobacco shall not be used as ingredients in […]

Excise Dept To Refund Excessive Fine Imposed 19 Years Ago

June 9, 2017 837 Views 0 comment Print

The matter is called out for final hearing as the matter is specifically listed for final hearing in summer vacation. Heard the learned counsel for the Petitioner and the learned Government Pleader for the State. 2. The Petitioner which is a private limited company holding FL II license and carrying on business of selling liquor […]

Rejection of C Forms without giving opportunity to Rectify Defects is invalid

June 8, 2017 7425 Views 0 comment Print

Before rejecting the C-Forms as containing discrepancies, the revisional authority should have returned the C-Forms and given an opportunity to the dealer to rectify the defects.

TRO cannot attach property subjected to SARFAESI recovery proceedings

June 7, 2017 11211 Views 0 comment Print

Where properties attached by Tax Recovery Officer (TRO) had already been subjected to recovery proceedings by a secured creditor under SARFAESI Act, 2002, the attachment order was quashed in view of section 35 of SARFAESI Act which makes it clear that the Act would override other laws and would have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Busy in time-bearing assessments is not an excuse for delay: HC

June 7, 2017 1056 Views 0 comment Print

The mere fact that the Assessing Officer was busy in other time- bearing assessments can hardly be an excuse, particularly given the fact that under Section 260A of the Income Tax Act, 1961, the time period for filing of an appeal is 120 days. No other statute prescribes the time period of over three months. Moreover, there is no explanation for every day’s delay. A delay of 335 days cannot be said to be routine.

HC refuses to direct ICAI to expedite Professional Misconduct hearing

June 6, 2017 1416 Views 0 comment Print

The division bench of the Delhi High Court dismissed a petition filed against ICAI seeking expedite hearing on a complaint relating to Professional Misconduct. The petitioners, Wholesale Trading Services P Ltd, approached the High Court seeking a direction to the Institute of Chartered Accountants of India (ICAI) to complete the inquiry on the complaint made by the petitioner of professional misconduct within a maximum period of four weeks.

Finding of incriminating material during search of third party is a pre-requisite for exercise of power U/s. 153C r.w. section 153A

June 5, 2017 2430 Views 0 comment Print

Materials such as books of account, documents or valuable assets found during a search should belong to a third party which would lead to an inference of undisclosed income of such third party. Such an inference should be recorded by the Assessing Officer having jurisdiction over the searched persons and communicated to the Assessing Officer […]

RLNG supplied by GAIL is not CNG and is Taxable under UP VAT Act

June 5, 2017 4536 Views 0 comment Print

1. Whether ‘Regasified Liquefied Natural Gas’ i.e. ‘RLNG’, sold to revisionist by Gas Authority of India Ltd. i.e. ‘GAIL’ is ‘Compressed Natural Gas (CNG)’, so as to oust it from the purview of taxing Entry 8(a) of Schedule IV of Uttar Pradesh Value Added Tax Act, 2008, (hereinafter referred to as ‘Act’) is the question […]

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