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All High Courts

Royalty for technology use should be aggregated with other international transactions in manufacturing segment

August 23, 2023 1005 Views 0 comment Print

Bombay High Court held that the transaction of payment of royalty for use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking the same 

Rejection of Extension application for Export Time after 2½ Years Unsustainable

August 23, 2023 519 Views 0 comment Print

Chhattisgarh High Court held that an application for extension of time by exporter to make exports beyond the period of 6 months was rejected by the department after more than 2 ½ years. Accordingly, exporters granted benefit of rebate of excise duty paid on excisable goods exported beyond time limit of 6 months.

30 days Time period for review u/s 128 of SVLDRS Scheme, 2019 can be relaxed

August 23, 2023 348 Views 0 comment Print

Madhya Pradesh High Court the time period of 30 days stipulated in Section 128 is relaxable. Accordingly, review u/s 128 of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS Scheme, 2019) allowable if reasons are assigned by the Revenue which do not fall foul of reasonableness clause under Article 14 of Constitution.

Seizure memo in GST MOV-06 not sustained as authority failed to record finding on submission by petitioner

August 23, 2023 846 Views 0 comment Print

Allahabad High Court held that seizure memo could not be sustained in the eye of law as authorities below have not recorded any findings with regard to submission of the petitioner with regard to that there was break down of the vehicle and the driver fell ill in the matter of e-way bill expiry.

Levy of tax on milk cream sustained as milk cream & milk are different product

August 23, 2023 657 Views 0 comment Print

Himachal Pradesh High Court held that milk cream is different from milk. Accordingly, revision petition is dismissed and demand of tax @ 4% sustained.

TNGST: Two wheeler fan belts attracts 5% tax & tractor fan belts attracts 3% tax

August 23, 2023 279 Views 0 comment Print

Madras High Court held that two wheeler fan belts falls under entry 30 of Part-C of TNGST Act attracting 5% tax and tractor fan belts are specifically found mentioned under entry 27 of Part-B of TNGST Act attracting 3% tax. Hence, it is not right to invoke general entry 50 to the same.

No Reassessment Solely on accommodation Entry Provider’s Statement: HC

August 23, 2023 945 Views 0 comment Print

Delhi High Court rules in the case of Movish Realtech Private Limited vs. DCIT. The court addresses the initiation of reassessment based on statements of accommodation entry providers in income tax matters.

Employee Right to Vent in WhatsApp Group Not Misconduct: Madras HC

August 23, 2023 9609 Views 0 comment Print

Madras High Court upholds employees’ right to express critical views in private WhatsApp groups. Learn about case A. Lakshminarayanan vs Assistant General Manager and its implications

Omission of Accountant General Report in Property Tax Demand Breaches Natural Justice

August 22, 2023 771 Views 0 comment Print

Karnataka High Court held that BBMP demanded the property tax based on Accountant General report. However the same was not provided to the petitioner. Accordingly, non-provision of Accountant General report amounts to violation of principles of natural justice.

Delay Condoned for Tax Deposit Under Vivad Se Vishwas Due to External Factors

August 22, 2023 1983 Views 0 comment Print

Allahabad High Court held that delay of three days in depositing the arrears of tax under Direct Tax Vivad Se Vishwas Act, 2020 due to unforeseen and extraneous circumstances that were beyond the control of the petitioner is condonable.

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