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Archive: 26 October 2021

Posts in 26 October 2021

Impact on Textile Industry due to Correction in Inverted duty Structure

October 26, 2021 4617 Views 0 comment Print

Currently, there are two tax slabs – 5% for bills below ₹999 and 12% for bills above that. GST Council decided to GST rate changes from January 2022 in order to correct inverted duty structure in Footwear and Textile Sector. All footwear, irrespective of prices will attract Goods & Services Tax (GST) at 12 per […]

Refund of amount paid during investigation under GST

October 26, 2021 12675 Views 0 comment Print

The article contains how the refund of amount paid during investigation may be claimed on the basis of High Court Judgment M/s BUNDL TECHNOLOGIES PRIVATE LIMITED Vs THE UNION OF INDIA AND ANR. I hope the article will be helpful to the readers. Under this article I would like to analysis the case when the […]

ITAT explains basic conditions for Satisfaction of reimbursement Claim

October 26, 2021 651 Views 0 comment Print

To categorize a particular amount as reimbursement, it is sine-qua-non that the expenditure should be incurred for and on behalf of the other. It envisages two cumulative conditions, viz., first that undiluted benefit flowing from the incurring of the expenditure is passed on, as such, to the other and the second, that the amount incurred is recovered as it is from the other without any plus or minus to that.

GST: Opinion under Section 83 should be strictly based upon material facts

October 26, 2021 1722 Views 0 comment Print

The case of the petitioner is that the impugned attachment under Section 83 of the CGST Act is without any statutory sanction as it is consequent upon action under Section 67 of the Act, which deals with the power of the authorities to engage in inspection, search and seizure. The scope of Section 87 is wholly based upon the ‘opinion’ of the concerned Commissioner to the effect that the interests of the revenue were to be safeguarded and sanctioning coercive recovery proceedings of the nature of bank attachment in a particular case.

Change in service conditions vis-à-vis non-issuance of notice of change under section 9A makes transfer order illegal

October 26, 2021 6819 Views 0 comment Print

The workmen working in the Dewas factory of the appellant were transferred to Chopanki, District Alwar. Being aggrieved the workmen made a reference of the same to the Labour Court claiming that the employer has transferred them without any justifiable reason and such transfer amounts to illegal change under section 9A of the Industrial Dispute Act, 1947.

Extend Last date of filing e-forms AOC-4, AOC-4 (XBRL) & MGT-7

October 26, 2021 28932 Views 1 comment Print

ICSI request MCA to consider the extension of Last date of filing e-forms AOC-4, AOC-4 (XBRL) and MGT-7 without additional fees for such companies till 31st December, 2021.

Include Advocates as Advisors In GST Council & CPC : ATL

October 26, 2021 4416 Views 5 comments Print

Association of Tax Lawyers (ATL)has requested Prime Minister of India For Induction of Tax Advocates As Advisors In GST Council, CPC Processing Center Banglore & CPC E-Filling (Vaishali Ghaziabad). ASSOCIATION OF TAX LAWYERS (Regd.-Delhi) TO, THE HON’BLE PRIME MINISTER OF INDIA, SOUTH BLOCK, RAISINA HILL, NEW DELHI — 110011 REPRESENTATION REQUEST FOR INDUCTION OF TAX […]

Reassessment invalid if notice section 148 was not properly served

October 26, 2021 16971 Views 0 comment Print

Reassessment proceedings finalized by AO was invalid as  AO had failed to bring on record any positive evidence to prove that the notice u/s 148 was properly served upon assessee.

No attribution of profit in absence of permanent establishment

October 26, 2021 1842 Views 0 comment Print

ESPN Star Sports Mauritius Vs DCIT (ITAT Delhi) Facts- The appellant is a partnership firm established under Mauritius Law. It is engaged in the business of selling advertisement time and programme sponsorship from Mauritius in connection with the programming via non-standard television on ESPN, Star Sports and Star Cricket programming services. During the year under […]

Trail Courts have duty to safe guard fundamental rights

October 26, 2021 1839 Views 0 comment Print

It is irrefutable fact that every democratic country is regulated by ‘Law’. Law provides rights to the citizens and those rights can be bifurcated into two categories i.e. Fundamental Rights and Civil Rights. In India, Fundamental Rights have been defined in the Constitution of India which is also called ‘Grundnorm‘ and all the civil rights […]

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