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Archive: 25 March 2021

Posts in 25 March 2021

Personal hearing to taxpayer must before cancellation of GST Registration: HC

March 25, 2021 15732 Views 1 comment Print

High Court held that Personal hearing must be afforded to taxpayer before cancellation of GST Registration. As in this case no such Opportunity was afforded to Taxpayer so High Court has Quashed the Cancellation order.

Secretarial audit: A proactive Governance Measure

March 25, 2021 3138 Views 0 comment Print

It is a fact that in the rapidly changing business world, every company, while pursuing its activities has to comply with numerous rules and regulations under Companies Act, SEBI, FEMA, and multiple other Laws.  Thus, under section 204 of the companies act, 13, the mechanism of secretarial audit has been included to examine the compliance […]

Economy and GST – Random Thoughts

March 25, 2021 5019 Views 0 comment Print

The ongoing Budget session of Parliament recommenced its second phase from 9th March, 2021. However, it is likely to conclude early ahead of state polls which are from 27th March, 2021. Finance Bill, 2021 was debated in Parliament on 22.03.2021 in Lok Sabha and 24.03.2021 in Rajya Sabha which has been passed by both the […]

Violation of principles of natural justice in case goods confiscated without providing an opportunity to importer to call the grounds for valuation

March 25, 2021 1047 Views 0 comment Print

SYSKA LED Lights Pvt. Ltd. Vs Union of India (Bombay High Court) Conclusion: Since the respective authority had confiscated the imported goods without providing an opportunity to importer to call upon the proper officer to disclose the grounds for valuation , therefore, the impugned order in original was clearly unsustainable in law being in violation […]

Mere non-issuance of duplicate share certificates on misplacement did not indicate malice of Company

March 25, 2021 2037 Views 0 comment Print

The criminal complaint case of cheating instituted against a company and its Directors over non-issuance of duplicate share certificates to the complainant was quashed as mere non-issuance of duplicate share certificates on misplacement by an alleged shareholder did not indicate malice on part of the company from the inception of the transaction and assessee acted with criminal intent at the inception on an anticipation that the shares would be misplaced at a subsequent stage.

Allotment of one PAN to two or more taxpayers- resolution

March 25, 2021 16797 Views 1 comment Print

Instances of allotment of one PAN to two persons and in rare cases even to more than two persons have come to the notice of Directorate of Income-tax(Systems). In this regard the Directorate formulated a policy and the same was issued vide AIS Instruction No. 82 dated 21.06.2013

Second FIR against Officers for an offence or different offences committed in course of same transaction was quashed

March 25, 2021 3249 Views 0 comment Print

The Delhi High Court Ruled That The Second FIR In Respect Of An Offence Or Different Offences Committed In The Course Of The Same Transaction Is Not Only Impermissible But It Violates Article 21 Of The Constitution.

No penalty if intention to evade duty is not found

March 25, 2021 1431 Views 0 comment Print

Inox India Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) As regard the limitation, I find that there is no dispute that the appellant is availing the Cenvat credit and declaring in their monthly returns. The issue involved is also of interpretation of Cenvat Credit Rules and on this issue there are number of cases […]

ITAT dismisses appeal as Low tax effect circular applies to pending appeals also

March 25, 2021 1995 Views 0 comment Print

The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No. 17/2019 would be applicable to all pending appeals.

Vehicle Financing Services Taxable under Business Auxiliary Service

March 25, 2021 924 Views 0 comment Print

Commissioner of GST & Central Excise Vs TVS Motor Co. Ltd. (Madras High Court) The facts clearly show that there is direct nexus between the activity of TVSFS with that of the activity of the We say so because of the exclusive arrangement between the assessee and TVSFS. The Revenue has not disputed the factual […]

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