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Archive: 29 October 2021

Posts in 29 October 2021

Order cancelling GST Registration not valid if opportunity of Hearing not provided

October 29, 2021 1263 Views 0 comment Print

Eficaz Project Limited Liability Partnership Vs Commissioner, Uttarakhand GST Commissionerate (Uttarakhand High Court) The second limb of argument of the learned counsel for the petitioner is that, even if at all a decision was required to be taken on an application submitted by the petitioner on 30th May, 2020, requesting for the cancellation of the […]

Activity of Providing Affordable Housing by MHADA is Charitable in Nature

October 29, 2021 648 Views 0 comment Print

Maharashtra Housing & Area Development Authority (MHADA) Vs DCIT (ITAT Mumbai) Merely because MHADA builds tenements and sells them does not lead to any inference that MHADA’s activities are in the nature of trade, commerce or business. We have already discussed in detail that assessee’s activity is no way can be held for the profit […]

MahaRERA: Promoters to submit Report from CERSAI on security interests created

October 29, 2021 10824 Views 0 comment Print

Maharashtra Real Estate Regulatory Authority Date: 29/10/2021 Order No: – 26/2021 No. MahaRERA/Secy/File No. 27/234/2021 Subject: Report From CERSAI Whereas Ministry of Finance notified the establishment of the Central Registry Securitisation Asset Reconstruction and Security Interest of India (CERSAI), a Government Company, incorporated for the purpose of operating and maintaining the Central Registry under the […]

Assessment to be made u/s 153C instead of u/s 147 in case of Search assessment

October 29, 2021 9546 Views 0 comment Print

Since no fresh information was collected by AO or no information had come to the notice of AO in normal course, other than the information collected during the course of search from searched person therefore, as provided under sections 153A and 153C, search assessments was required to be made under section 153A or section 153C, but not under section 147.

No TDS on commission paid to a foreign agent for service provided outside India

October 29, 2021 19626 Views 0 comment Print

Section 40(a)(i) did not contemplate order wise commission based on the order value. Consequently, the expenditure on export commission payable to non-residents for services rendered outside India became an allowable expenditure.

Shri Shaktikanta Das re-appointed as RBI Governor

October 29, 2021 1257 Views 1 comment Print

Central Government has re-appointed Shri Shaktikanta Das as Governor, Reserve Bank of India for a further period of three years beyond the 10th day of December 2021, or until further orders, whichever is earlier.

No section 271D Penalty on wife for receiving money from husband for purchase of family property

October 29, 2021 4074 Views 0 comment Print

Penalty under section 271D could not be levied on wife for receiving money from her husband for purchase of family property as practice of registering the property in name of the wife was guided by various family and societal factors besides encouragement of the Government for such transactions entered into by female members in the family by way of reduced stamp duty and she had offered reasonable explanation justifying the cash transactions

Gujarat HC denies bail to company directors for allegedly availing ITC on basis of fake bills

October 29, 2021 1620 Views 0 comment Print

Applicant was not entitled to be released on anticipatory bail for allegedly involved in wrongfully availing ITC on the basis of fake bills of RS. 737 crores as if assessee was enlarged on anticipatory bail then, there were all chances that assessee would tamper with the evidence and witnesses and at the time of trial, assessee would not be available.

Tariff Notification No. 87/2021-Customs (N.T.) | Dated: 29.10.2021

October 29, 2021 588 Views 0 comment Print

Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver vide Notification No. 87/2021-CUSTOMS (N.T.) Dated: 29th October, 2021 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 87/2021-Customs (N.T.) | Dated: 29th October, 2021 S.O. 4527(E).—In exercise of the powers conferred by […]

Statutory alternative remedy available -Writ petition cannot be entertained under Article 226

October 29, 2021 2850 Views 0 comment Print

High Court dismissed to entertain a petition pertained to reversal of input tax credit (ITC) under Section 19(4) of TNVAT Act as assessee had statutory alternative remedy to file an appeal or revision as the case may be under the Act.

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