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Judiciary

Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’

October 23, 2023 462 Views 0 comment Print

CESTAT Mumbai held that rule 10A of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [valuation rules] is effected only when inputs are supplied and sale is effected to the buyer by the Principal Manufacturer. Thus, Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’.

Matter relating to expression ‘vacant land’ in Urban Land (Ceiling and Regulation) Act placed before Hon’ble Chief Justice

October 23, 2023 1320 Views 0 comment Print

Supreme Court concluded that the matter relating to true construction, meaning and import of the expression ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 should be placed before Hon’ble the Chief Justice of India for appropriate directions.

Revenue not allowed to add reasons to reasons recorded at the time of reopening notice u/s 148

October 23, 2023 690 Views 0 comment Print

Bombay High Court held that the reopening notice can be sustained only on the basis of the ground mentioned in the reasons recorded. It is not open to the revenue to add and/or supplement later the reasons recorded at the time of reopening notice. Accordingly, reassessment proceedings set aside.

Receipts doesn’t qualify as FIS under India-USA DTAA as service rendered without transfer of technical know-how

October 23, 2023 468 Views 0 comment Print

ITAT Delhi held that services are rendered without transfer of technical knowledge, skill, know-how, etc. and accordingly the receipts doesn’t qualify as FIS (Fees for Included Services) under Article 12(4)(b) of the India – USA Double Taxation Avoidance Agreements (DTAA).

Cancellation of GST registration based on direction of authorities of other statute is unsustainable

October 23, 2023 468 Views 0 comment Print

Allahabad High Court held that cancellation of GST registration based on direction of TTZ authorities constituted by Ministry of Environment and Forest, Government of India unjustifiable. Cancellation of GST registration has to be in accordance with section 29 read with rule 21 of GST Rules and no aid can be taken by any other statute.

Addition u/s. 69A unsustainable as cash found during search duly explained

October 23, 2023 1404 Views 0 comment Print

ITAT Delhi held that addition u/s. 69A of the Income Tax Act unsustainable as cash found during search involves cash belonging to the family members and cash belonging to company.

Duty demand based on data from computer print-out without corroborative evidence unsustainable

October 23, 2023 525 Views 0 comment Print

CESTAT Kolkata held that the data resumed from the computer print out alone cannot be relied upon to demand duty, without any corroborating evidence. Accordingly, duty demand set aside.

Catering service to students in educational institution exempt from service tax

October 23, 2023 858 Views 0 comment Print

CESTAT Mumbai held that the catering service provided to the students in the educational institution qualify for service tax exemption as per the notification no. 25/2012-ST dated 20.06.2012.

SC Order: Necessity of Identifying Parties in Medical Negligence Cases

October 23, 2023 891 Views 0 comment Print

Explore the Supreme Court’s ruling on medical negligence, the burden of proof, and liability in M.A Biviji vs. Sunita & Ors. case. Detailed analysis and conclusion

SC Order on Determining Medical Negligence Liability

October 23, 2023 693 Views 0 comment Print

Explore the Supreme Court’s verdict in Kalyani Rajan Vs. Indraprastha Apollo Hospital, analyzing medical negligence and post-operative care.

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