In this article an attempt has been made to collate some of the best practices to examine Show Cause Notice. Illustrative list are as under:- 1. Show Cause Notice should be in writing (not oral). 2. Date of issue of Show Cause Notice should be clearly written in the SCN and kindly note the date of receiving the SCN, by which mode & whom received.
In this article we are going to discuss a problem, whether Penalty/Penal Interest levied on any organisation is allowed as deduction to the assessee under provisions of Section 37(1) of the Income Tax Act, 1961.. PROBLEM: M/s. ABC Limited has been penalised under provisions of GST Act, 2017 to the tune of Rs. 50,000/- as […]
The ARA, Rajasthan has pronounced judgment on 8.9.2021, in the case of RSWM Limited, Bhilwara (2021) 36 J.K.Jain’s GST & VR 316, that; ‘The applicant can’t claim ITC of GST charged by the Medical/Health Insurance Company in respect of insurance done for employees’ 1. Background. ─ Per Order No. 40-3/2020-DM-I(A) dated 15th April 2020 issued […]
Md. Abul Kalam Vs Union of India (Gauhati High Court) It is trite, though of great significance that if any oral argument is advanced, only the Judge who had heard can appreciate the nuances of the case, the evidence adduced, based on oral arguments submitted by the parties or through the counsel. Naturally if hearing […]
Transway Wine Pvt. Ltd. Vs PCIT (Calcutta High Court) Impugned notice is quashed solely on the ground that the impugned notice was issued in the name of non-existing company in spite of revenue having notice and knowledge of non-existence of such Company. Quashing of this notice will not prevent the respondents from issuing fresh notice in […]
SRC Chemicals Private Limited & Anr. Vs Central Board of Indirect Taxes (Bombay High Court) As petitioner did not receive the refund of IGST, petitioner approached the customs office to check the status of its refund. Petitioner No.1 was informed that unless export data was transmitted from GSTN (GST Network) to ICEGATE (Indian Customs Electronic […]
The CBIC has recently issued CIRCULAR NO. 164/20/2021-GST dt 6.10.21. In this article we submit our critical analysis and legal submissions w.r.t. treating the supply of ice-creams by ice-cream parlours as a supply of goods. I. What is Restaurant Service? The term Restaurant Service has been defined in Para 3.2 of The CIRCULAR NO. 164/20/2021-GST […]
Thane CGST arrests one person for Input Tax Credit Fraud Of Rs. 90.68 crores In a major drive initiated against fraudsters who are availing and utilizing fake Input Tax Credit (ITC) Thane Central GST Commissionerate, Mumbai CGST Zone has arrested a mastermind who had opened a firm M/s. Doshi Marketing and was operating from Bhayander […]
INTRODUCTION Section 44AB was introduced in the Income-tax Act, 1961, by the Finance Act, 1984. This section provides for audit of accounts of assesses having total sales, turnover or gross receipts exceeding the specified limits of Rs. 40 lakhs for business and Rs. 10 lakhs for profession. New Rule 6G, inserted in the Income-tax Rules, […]
STEP BY STEP PROCEDURE FOR TRANSFER OF SHARES TO IEPF AUTHORITY In my previous article I have discussed about the Compliances of Unpaid/Unclaimed dividend that a Company has to follow. Continuing the same, in this article I will be providing the practical aspect of the procedure of Shares transfer to IEPF authority alongwith sample documents […]
