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In contract for transfer of right to use goods, taxable event is execution of contract: Kerala HC

September 16, 2023 843 Views 0 comment Print

Kerala High Court held that under the Kerala Value Added Tax Act, 2003 (KVAT Act) in a contract for the transfer of the right to use the goods, the taxable event is the execution of the contract for delivery of the goods, and if that has taken place, it was immaterial whether the transfer was exclusively or to the exclusion of all others.

Reassessment can Be Closed at the Stage of Objection Disposal If Case is Wrongly Reopened

September 16, 2023 1026 Views 0 comment Print

Explore Vaman Prestressing Co. Pvt. Ltd. vs. ACIT case where Bombay High Court discusses reopening of assessments, commercial expediency, and need for a valid belief.

Punishment imposed should be commensurate with custom broker’s contravention

September 16, 2023 621 Views 0 comment Print

Explore case of SMS Logistics vs. Commissioner of Customs, where punishment imposed on a customs broker is analyzed for proportionality and compliance with regulations.

In case of domestic arbitrations, The ‘Court’ is Principal Court of Civil jurisdiction including High Court

September 16, 2023 1110 Views 0 comment Print

In present facts of the case, Petitioner has been engaged in the business of marketing and manufacturing of footwear and fashion products and is the first user and proprietor of well-known trademark ‘LIBERTY’. On 01.04.2001, Petitioner and Respondent entered into a Registered User Agreement in respect of trademark ‘LIBERTY’ in Class 25 for a period of three years.

Overlooking of reply & Denial of sufficient time to respond: HC set-aside order

September 16, 2023 1299 Views 0 comment Print

Delhi High Court sets aside Assessment and Penalty Orders due to AO’s oversight and insufficient response time, remanding matters for a fair hearing.

High Court upheld Tribunal’s decision to remand the matter for redetermination

September 16, 2023 378 Views 0 comment Print

This document discusses a tax case involving National Chemical and the Commissioner of Commercial Tax, including issues related to provisional assessments and discrepancies in chemical stocks during a survey.

Seizing authority to establish by evidence that e-way bill was reused: Allahabad HC

September 16, 2023 1080 Views 0 comment Print

Analysis of Allahabad High Court’s decision in BL Agro Oils Ltd. vs. State of U.P. regarding tax and penalty imposition due to alleged E-Way bill reuse.

No Suspension of preferential Tariff Treatment for Areca Nut: Madras HC

September 16, 2023 444 Views 0 comment Print

Analysis of Madras High Court ruling in the N and N Traders Vs Assistant Commissioner of Customs case, exploring why the suspension of preferential tariff on imported Areca nut was ruled out.

Delhi HC interim direction to Restaurant Association on ‘‘Service Charges’

September 16, 2023 897 Views 0 comment Print

The Delhi High Court’s judgment impacts how restaurants charge their customers. The term ‘Service Charge’ is replaced with ‘Staff Contribution,’ limited to 10% of the bill.

HC Directs De Novo Consideration Due to Tribunal’s Lack of Detailed Reasoning

September 16, 2023 366 Views 0 comment Print

The Delhi High Court has directed the Income Tax Appellate Tribunal (ITAT) to provide valid reasons for reversing the CIT(A)’s decision on unexplained cash credits in the case of Om Shiva Traders Pvt Ltd Vs ITO.

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