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Archive: August, 2021

Posts in August, 2021

Weekly Newsletter from Chairman, CBIC dated 10.08.2021

August 10, 2021 1029 Views 1 comment Print

The DGGI, Gurugram Zonal Unit, in a follow up on the issue of mis-classification of instrument clusters has booked another case of GST evasion of Rs. 235 crore. DGGI, Meerut Zonal Unit, in a major case, has detected a huge case of passing on of fake ITC through a web of bogus firms/companies.

Prosecution against a sitting or former M.P./M.L.A. shall not be withdrawn without sanction of HC: SC

August 10, 2021 3717 Views 0 comment Print

Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India) Learned amicus has drawn our attention to various instances across the country, wherein various State Governments have resorted to withdrawal of numerous criminal cases pending against M.P./M.L.A. by utilising the power vested under Section 321, Cr.P.C.It merits mentioning that the power under Section 321, […]

Para 2.07 of FTP amended- Principles of prohibition & restrictions

August 10, 2021 3036 Views 0 comment Print

Notification No. 17/2015-2020 Para 2.07 of the FTP regarding principles of prohibition and restrictions , is amended to be in line with international agreements.

Interest under section 234D of the Income Tax Act

August 10, 2021 16353 Views 1 comment Print

Due to any reason, in case the income tax department makes an excess refund to the taxpayer. Such taxpayer will have to return the excess refund along with interest payable under section 234D of the Income Tax Act. The present article helps to simplify the interest provisions of said section 234D read will rule 119A […]

Gauhati HC rejects Bail in GST Evasion case of Rs. 22.77 Crore

August 10, 2021 1209 Views 0 comment Print

Subhash Kumar Singh Vs State of Assam and Anr. (Gauhati High Court) It has been, prima facie, found that the evasion of tax was more than Rs. 5 crores which necessitated the arrest of the Petitioner in compliance of the provision of Section 132 (1) (i) of the Assam GST Act, 2017. Hence, the argument […]

Coconut Development Board (Amendment) Act, 2021

August 10, 2021 651 Views 0 comment Print

(1) This Act may be called the Coconut Development Board (Amendment) Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Airport Authority of India is liable to pay the Urban Land Tax

August 10, 2021 2250 Views 0 comment Print

It was held by the Supreme Court that merely because the entire share capital was subscribed by the Government of India, it did not mean that the company did not own the property in question. It was held that the company was a separate legal entity.

Foreign tax credit eligible in all cases, except tax paid in Finland & Canada

August 10, 2021 1980 Views 0 comment Print

Tata Consultancy Services Ltd. Vs DCIT (ITAT Mumbai) From the stage of the assessment proceeding itself, it is the claim of the assessee that the term ‘tax’, as defined under section 2(43) of the Act would only include taxes chargeable under the Indian Income Tax Act. It is the further case of the assessee that […]

HC directs department to decide on GST refund applications of Medical Bureau

August 10, 2021 1023 Views 0 comment Print

Medical Bureau Vs Commissioner of Central Goods And Service Tax Delhi North (Delhi High Court) Medical Bureau (Petitioner) filed a writ petition seeking directions to the Commissioner of Goods and Services Tax (Respondent) to refund to the former, an amount of Rs. 1,35,30,255/- lying as unutilized input tax credit during the period spanning October 2017 […]

Application to enforce shareholders right under board resolution is to be made before NCLT

August 10, 2021 3642 Views 0 comment Print

Jaiveer Singh Virk Vs Sir Sobha Singh & Sons Pvt. Ltd. (Delhi High Court) The next question is- what is the nature of Appellant’s right and whether such a right is enforceable under law? The Appellant asserts that he is a shareholder of Respondent No. 1, which is a corporate entity, incorporated in the year […]

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