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Archive: 08 October 2021

Posts in 08 October 2021

Types And Sources of Business Financing

October 8, 2021 2949 Views 0 comment Print

A newly incorporated business in any form i.e. whether sole proprietor or partnership or LLP or Companies require funds or finance to grow and run its business effectively. The sales (revenue) are the main form of cashflows to the business. Sometimes the business requires additional funding for future growth and efficiency. Therefore the business approaches […]

Patiala Court sought response on non-initiation of action against firms evading GST from CBIC

October 8, 2021 3312 Views 0 comment Print

The court is in pain to observe that instead of initiating an appropriate action against the delinquent firms in the matter, wherein as per the claim of Delhi Police, a tax evasion of Rs.940 crores is involved, the authorities are involved in the blame game. Unfortunately, none is present on behalf of SGST and even no reply has been filed on behalf of Chairperson, CBIC.

Goods pilfered after order of clearance by Custom Officer not the responsibility of Custodian

October 8, 2021 2592 Views 0 comment Print

Appellant filed two different claims of refund for the identical issues of custom duty paid on pilfered goods imported at ICD Tughlakabad, New Delhi Port. The refund claims were initially rejected on the ground that goods were pilfered after the order of clearance by the Customs Officer and the said order was challenged.

Assessment Order quashed on ground of Non-Disposal of Objections filed by Assessee

October 8, 2021 1707 Views 0 comment Print

The AO reopened the assessment of the Assessee after it was observed that the Assessee had not reflected or explained his investment in a hotel project during a survey operation. Thereafter, the Assessee filed an application before the CIT(A) challenging the validity of reopening of assessment, which was subsequently rejected and disposed of by the CIT(A) on the ground that the AO had correctly followed the procedure as contemplated in the IT Act and there was no infirmity in the action of the AO regarding reopening, all of which has been in accordance with law.

Order of Preventive detention not sustainable on grounds of stale & illusory

October 8, 2021 507 Views 0 comment Print

The ground for preventive detention is alleged to be that the Petitioner was controlling a syndicate which was involved in effecting fraudulent exports and imports in order to evade Customs duty and earn undue export benefits including Integrated Goods and Services Tax (IGST) refunds through 33 non-existent and/or dummy firms.

RBI Monetary Policy Statement, 2021-22- No Change in Rates

October 8, 2021 2169 Views 0 comment Print

Monetary Policy Committee (MPC) at its meeting today (October 8, 2021) decided to: keep the policy repo rate under the liquidity adjustment facility (LAF) unchanged at 4.0 per cent.

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of the IT Act

October 8, 2021 1020 Views 0 comment Print

Genuine issue of Shares to Shareholders not to be considered under Anti-Abuse Provisions of Income Tax Act, 1961 In Income Tax Officer v. Shri Rajeev Ratanlal Tulshyan [I.T.A. No.5748/Mum/2017 A.Y. 2014-15 dated October 01, 2021] [along with cross objection filed by Shri Rajeev Ratanlal Tulshyan (the Respondent)], the Income Tax Officer (the Appellant) filed an […]

Orissa HC revokes GST Registration Cancellation on failure of Dept. to prove wrongful availment of ITC on fake invoices

October 8, 2021 3231 Views 0 comment Print

HC observed that the Respondent has failed to show that the Petitioner as a purchasing dealer deliberately availed the ITC in respect of the transactions with an entity knowing that such an entity was not in existence and on the basis of this observation, the Court revoked the GST Registration Cancellation.

Section 115BBE addition unsustainable for Search conducted prior to 01.04.2017

October 8, 2021 363 Views 0 comment Print

Held that search was carried out before the amendment, the addition ought to have been made in terms of the prevailing provision. Therefore, the addition made by the AO invoking Section 115BBE provision of which came into force only on 01.04.2017 is not sustainable.

Applicable GST Rates & Exemption on certain services – Clarification

October 8, 2021 3021 Views 0 comment Print

Circular No 164/20/2021-GST DATED 06.10.2021– Let us understand in simple manner some of important changes- 1. Services by cloud kitchens /central kitchens- Restaurant service includes- ♦ Services provided by Restaurants, Cafes, eating facilities include takeaway services, room services and door –delivery of food. ♦ Take-away services and door delivery services of food are also considered […]

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