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Petitioner (Fraud Victim) entitled for refund of Customs duty paid in good faith

April 24, 2021 849 Views 0 comment Print

Innomit Mineral Projects Pvt Ltd. Vs Additional Commissioner of Customs (Madras High Court) The petitioner appears to be a victim of the chinese exporter. The petitioner had made a victim of fraud. The petitioner therefore, seek refund of the customs duty paid at the time of filing of Bill of Entry under the self assessment […]

TVAT: No penalty for non-furnishing of Audit report if no format for filing audited report was prescribed

April 24, 2021 834 Views 0 comment Print

Pankaj Behari Saha Vs State of Tripura (High Court Tripura) Petitioner is a dealer and was registered under the Tripura Value Added Tax Act, 2004 (TVAT Act, for short) at the relevant time. The Superintendent of Taxes, Udaipur issued a notice on 31.01.2019 to the petitioner under Section 53(3) of the TVAT Act conveying to […]

ROC must consider reply submitted by petitioner before issuing SCN

April 24, 2021 4620 Views 0 comment Print

Axis Ispat Private Limited Vs Union of India (Delhi High Court) A perusal of some of the show cause notices (SCNs) which have been issued shows that, there is a doubt as to whether the reply submitted by the Petitioner in June, 2020 has been considered by the ROC while issuing the show cause notices […]

A Judge cannot sat in an appeal against his own order

April 24, 2021 4113 Views 0 comment Print

Pernod Ricard India Private Limited Vs State of Goa (Bombay High Court) Record, makes it very clear that for the Assessment Year 2008-09, Shri Ashok Rane, who was then the Assessment Officer, held against the petitioner by rejecting the very contention which the petitioner eventually raised in respect of the assessment for the year 2010-11. […]

Public Issue expenses is capital expenditure & not allowable as revenue expense

April 24, 2021 8097 Views 0 comment Print

Tatia Sky Line & Health Farms Ltd. Vs ACIT (Madras High Court) Conclusion: Expenses incurred by assessee for Public Issue was not allowable as revenue expenditure as assessee miserably failed to establish the tenability and truthfulness of its claim that the expenditure was revenue in nature. Held:  Assessee, a public limited company, was in the […]

Income from sale of carbon credits cannot be taxed as business income

April 24, 2021 2922 Views 0 comment Print

Carbon Credit was not an offshoot of business, but an offshoot of environmental concerns. No asset was generated in the course of business, but it was generated due to environmental concerns. Therefore, income from sale of carbon credits was to be considered as capital receipt and not liable for tax under any head of income under the Income Tax Act, 1961.

Clearance of Pigeon Peas was allowed as there was valid registration of Advance Payment Certificate

April 24, 2021 843 Views 0 comment Print

Custom Authority had allowed the clearance of Pigeon Peas as there was valid registration of Advance Payment Certificate and registration certificate was binding on the respondents until the completion of the import quota mentioned therein and considering that assessee had imported the import item before 31.03.2021, assessee’s import was required to be declared as valid import under the FTP.

Search proceedings valid if jurisdictional facts exist for assumption of section 153A & 153C jurisdiction

April 24, 2021 1236 Views 0 comment Print

S. R. Trust Vs ACIT (Madras High Court) Conclusion: Search proceedings had been rightly initiated as assessee had nothing to fear, they could as well place all the materials before AO for consideration and more so, the jurisdictional facts exist for assumption of jurisdiction under Section 153A as well as Section 153C of the Act. […]

Offence under PMLA includes ‘Scheduled Offence’ & ‘Offence of money-laundering’

April 23, 2021 21702 Views 0 comment Print

Fairdeal Supplies Limited & Anr.Vs. Union of India & Ors. (Calcutta High Court) (i) On a plain reading of Section 2(1)(y) and Section 3 of the PMLA , it appears to me that the legislature has bifurcated the offence under PMLA into “Scheduled Offence” and “Offence of money-laundering”. “Scheduled Offence” are provided in Part A […]

No rejection of request for conversion to drawback-cum-advance authorization’ shipping bills without giving proper opportunity of hearing

April 23, 2021 1950 Views 0 comment Print

M/s. Accoladee Vs Commissioner of Customs (Madras High Court) Brief: Conversion of the shipping bill from ‘drawback shipping bills to drawback-cum-advance authorization’ shipping bills. It is revealed that the advance authorization licence taken by the petitioner is not disputed. Our Comments: In the present case, petitioner is a manufacturer and exporter of garments. In the […]

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