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Judiciary

When public servant makes demand & bribe giver accepts & pays, it is obtainment u/s 13(1)(d) of P.C. Act

April 3, 2023 8577 Views 0 comment Print

Allahabad High Court held that when public servant himself makes a demand and demand is accepted by bribe giver and bribe is paid by the bribe giver, it is a case of obtainment under Section 13(1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988.

Time limit for issuance of notification imposing anti-dumping duty extended by section 6 of the 2020 Act

April 3, 2023 1347 Views 0 comment Print

CESTAT Delhi held that provisions of section 6 of the Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (the 2020 Act) extends the time limit specified in the Tariff Act for issuance of the notification imposing anti-dumping duty.

Tariff item 8523 don’t offer scope for inclusion of software of any type in residual entry ‘others’

April 3, 2023 1443 Views 0 comment Print

CESTAT Mumbai held that tariff items within heading 8523 don’t offer scope for inclusion of ‘software’ of any type in the residual entry ‘others’ owing to the exhaustive enumeration in description in that heading.

Irregularity in service of order irrelevant when appellant had knowledge of order passed: SC

April 3, 2023 1596 Views 0 comment Print

Supreme Court held that irregularity in manner of effecting the service of order irrelevant when appellants had the knowledge of order passed against them.

IBC: Financial debts from different work order to be clubbed to evaluate minimum threshold limit

April 3, 2023 2394 Views 0 comment Print

NCLT Mumbai while dealing with Company Petition filed u/s. 9 of the Insolvency & Bankruptcy Code, 2016 held that debts arising from different work order(s) can be clubbed to satisfy the minimum threshold limit.

Exemption under 30/2004-CE not available if new conditions under notification not satisfied

April 3, 2023 639 Views 0 comment Print

CESTAT Delhi held that exemption benefit of Central Excise Notification No. 30/2004-CE dated 9.7.2004 not available as new conditions amended vide Notification No. 34/2015-CE dated 17.7.2015 not satisfied.

Remuneration to Partner -Supplementary deed operates retrospectively if as per law

April 1, 2023 4488 Views 0 comment Print

Jetkool Exports India Vs National E-Assessment Centre (ITAT Mumbai) It is an admitted fact that the assessee being a partnership firm was entitled to deduction in respect of the remuneration payable to the partners as per clause 7 of the Partnership Deed. This in turn depends on the provision of Income Tax Act, 1961 which […]

AO cannnot review assessment order-Reassessment order quashed

April 1, 2023 2937 Views 0 comment Print

AO is only entitled to reopen assessment, but he cannot review an assessment in the sense that there cannot be a rethinking or different opinion on the same material, which was the subject matter of the original assessment proceedings.

Mere suspicion in import/export cannot be ground to suspend license of Customs Broker

April 1, 2023 894 Views 0 comment Print

CESTAT Delhi held that simply because a suspicion has arisen in a particular case it is not sufficient ground to suspend the licence of the customs broker who handled such imports/exports.

Section 54F exemption on house purchased in the name of assessee’s wife & son allowed

April 1, 2023 9624 Views 0 comment Print

Mukkamala Srihari Rao Vs ACIT (ITAT Ranchi) Whether the sale consideration received by a person from sale of capital asset if applied in the name of his wife or son for purchasing/constructing residential house whether the assessee can claim deduction u/s. 54F or 54 of the Act?. From going through the decision(s) relied on by […]

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