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Archive: October, 2021

Posts in October, 2021

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

October 8, 2021 1974 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 774 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 2784 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 1278 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 4140 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 633 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 3552 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 […]

Rejection of bid in absence of GST registration cannot be termed as arbitrary as tender was for taxable supplies

October 8, 2021 1830 Views 0 comment Print

ndhra HC pronounced that, in the facts and circumstances of the given case, a successful tenderer would be required to supply medicines and other goods, which are not exempted under the GST Act, in the process of maintaining SNCUs, and for that reason, all bidders were required to submit GST registration certificates.

Transfer Petition challenging Constitutional Validity of Section 16(2)(c) dismissed by SC

October 8, 2021 4839 Views 0 comment Print

UOI contended that since the particular provision has already been challenged and the proceedings are pending across the Country, along with ramifications of huge amounts payable under the CGST Act are involved, it should be appropriate for the Hon’ble Supreme Court to hear the matter.

SC allows CBI to continue investigation against ITO & her Husband now Mister in AP Govt

October 8, 2021 1803 Views 0 comment Print

Appellant contended that CBI Manual does not make it mandatory to conduct a Preliminary Enquiry (PE) before the registration of the FIR. It was stated that a PE cannot be made mandatory for all cases of corruption and is only conducted when the information received is not sufficient to register a regular case.

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