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Archive: 21 November 2021

Posts in 21 November 2021

Section 114AA Penalty not leviable in absence of misdeclaration or misstatement

November 21, 2021 8217 Views 0 comment Print

As per section 114AA, penalty can be levied only when a person knowingly or intentionally makes, signs or uses or causes to be made, signed or used, any declaration, statement or document, which is false or incorrect.

GST: Transitional credit of tax paid under erstwhile law is available under section 142(3)

November 21, 2021 12228 Views 1 comment Print

Section 142 (3) is the transitional provision for claim of refund after the introduction of GST Act, 2017. It says that refund claims of any amount paid under the erstwhile law have to be disposed according to the provisions of the erstwhile law and the amount has to be paid in cash. The appellants have paid the tax under the erstwhile law. In the present case, the claim is only for refund and not proceedings for assessment or adjudication.

Pure Services─Pre-Requisites For Leviability To GST

November 21, 2021 1872 Views 0 comment Print

ARA, Rajasthan has pronounced judgment on 06.09.2021, in the case of Consulting Engineers Group Ltd. (2021) 36 J.K.Jain’s GST & VR 352, that; “a) Project Management Consultancy’ services provided to Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation (RUDSICO) under Rajasthan Secondary Towns Development Sector Project, where Invoice is raised by the Applicant to the […]

Original Assured’s Rights in A Re-Insurance Contract

November 21, 2021 2805 Views 0 comment Print

Understanding the importance of re-insurance in the insurance industry. Learn about the rights and benefits it offers to both insurers and insured parties.

Public distribution system benefit cannot be denied for non or wrong linking of Aadhaar

November 21, 2021 1242 Views 0 comment Print

The petitioner is deprived from getting foodgrains from the public distribution system simply because Aadhar card is not linked with the system. As per Government circular dated 13th October 2016, for receiving benefits of public distribution system, it is pre-requisite that Aadhaar card of each member of the family, who is entitled in the ration card, must be linked in the RCMS system/ portal.

Property tax exemption not available to college building

November 21, 2021 4752 Views 0 comment Print

Christian Medical College Vellore Association Vs Government of Tamil Nadu (Madras High Court) Facts- The petitioner is a society registered in terms of the Societies Registration Act managing and administering the Christian Medical College and Hospital at Vellore. The challenge in this Writ Petition is to an order passed by the respondent – Assistant Commissioner, […]

Amount, not qualifying as royalty or FTS, not taxable under Article 12(2) of India-Singapore DTAA

November 21, 2021 4932 Views 0 comment Print

Atos Information Technology Singapore Pte Ltd Vs DCIT (ITAT Mumbai) Facts- The assessee is incorporated in Singapore and is also a tax resident of that country. As stated by the AO, during the year under consideration the assessee had provided certain services to its group concern in India, viz. Atos India Pvt Ltd (Atos India) […]

Conversion of natural gas to CNG is Manufacture & Additional depreciation Allowable

November 21, 2021 3639 Views 0 comment Print

When a commodity acquired a distinct name, use and commercial identity, it would acquire the trait of ‘manufacture’. Therefore, the activity of conversion of natural gas to compressed natural gas was entitled to avail  additional depreciation under section 32(1)(iia).

Board & General Meetings & Minutes of Section 8 Company

November 21, 2021 41376 Views 1 comment Print

A Section 8 Company is a not-for-profit organization which basically, needs to adhere to the following three conditions: 1. The Company has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object; 2. intends to apply its profits, if any, or […]

Section 60(5) IBC- Is there a limitation on jurisdiction of NCLT?

November 21, 2021 35496 Views 0 comment Print

INTRODUCTION Section 60 (5) of the Insolvency and the Bankruptcy Code, 2016, talks about the jurisdiction of NCLT to dispose of the matters related to the insolvency concerning the corporate debtor. However, there are other provisions in the code that appears to contradict the provision given under section 60 (5). This issue again came into […]

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