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Archive: 05 December 2021

Posts in 05 December 2021

Course on Mastering GST Sections Effortlessly with Memory Techniques!

November 28, 2024 6003 Views 0 comment Print

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CESTAT allows transitional credit as petitioner complied with Procedures for availing credit

December 5, 2021 1953 Views 0 comment Print

Jindal Texofab Ltd Vs C.C.E. (CESTAT Ahmedabad) As per the above report it can be seen that after proper verification some discrepancy was found for Rs 1, 50,250/- which was reversed by the appellant. As per the procedure the proper stock verification was conducted by the Superintendent thereafter the Adjudicating Authority seeking further verification of […]

Tax Exemption allowed to Charitable Society using its profit for charitable activities

December 5, 2021 1905 Views 0 comment Print

PCIT Vs Servants of People Society (Delhi High Court) A perusal of the paper book reveals that the assessee/society is running a printing press and publishing a newspaper. The profit so generated is used for charitable purposes and apparently there is no profit motive in the activities of the assessee. As such it cannot be […]

HC Quashes reopening notice issued merely based on change of opinion

December 5, 2021 1314 Views 0 comment Print

Rama Devi Sabat Vs DCIT (Orissa High Court) Contending that the initiation of the reassessment proceedings was based merely on a change of opinion, the present petition has been filed. A perusal of the reasons mentioned above for reopening of the assessment reveals that there was no new material available with department. It is also […]

Loan repayment allowable as Application of Income If Cost of Assets purchased out of Loan was not allowed

December 5, 2021 9366 Views 0 comment Print

Dr. Chandrashekar Foundation Vs CIT (ITAT Bangalore) With regard to issue relating to repayment of loan, we modify the direction of the CIT (Exemptions) and direct the A.O. to examine this claim afresh i.e. if the cost of assets acquired out of loan funds have already been allowed as application of income, then the repayment […]

Is it be Possible to Re-Open Assessment only Because of Change of Opinion?

December 5, 2021 1860 Views 0 comment Print

We know that provisions of sections 147 to 151 of the Income Tax Act, 1961 deal with Reassessment of and escaped assessment of income of an assessee. Income Tax Officer under these provisions reassess by reopening the cases assessed earlier on the believe that incomes or profits or gains chargeable to income tax has escaped […]

Analysis of Provisional Attachment Under GST

December 5, 2021 4368 Views 0 comment Print

RELEVANT STATUTORY PROVISIONS Section 83: Provisional attachment to protect revenue in certain cases.— (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the […]

RBI Working group: Private sector banks ownership

December 5, 2021 1974 Views 0 comment Print

An Internal Working Group (IWG) was constituted by Reserve Bank on June 12, 2020 to review the guidelines on ownership and corporate structure for Indian private sector banks. The report submitted by the IWG was placed on the RBI website on November 20, 2020 inviting comments of stakeholders and members of the public by January […]

Section 138 NI Act Attracted even in cases where Debt is incurred after Cheque is Drawn but before Presentation: SC

December 5, 2021 25818 Views 0 comment Print

Sunil Todi & Ors. Vs State of Gujarat & Anr. (Supreme Court of India) The object of the NI Act is to enhance the acceptability of cheques and inculcate faith in the efficiency of negotiable instruments for transaction of business. The purpose of the provision would become otiose if the provision is interpreted to exclude […]

GST on building of Body of buses

December 5, 2021 4296 Views 0 comment Print

In re Adithya Automotive Applications Pvt. Ltd. (GST AAR Uttar Pradesh) Q-1 Whether the Body Building Activity on the Chasis provided by the principal would Amount to manufacturing Services Attracting 18% of GST ? Ans-1 No. Q-2 Whether Clarification of CBIC vide para No. 12.3 of circular no 52/26/2018-GST dated 09.08.2018 Clarifying 18% rate of […]

GST on Functions Entrusted to Municipalities and to Panchayats

December 5, 2021 6489 Views 0 comment Print

In re Arinem Consultancy Services PVT LTD (GST AAR Uttar Pradesh) Q-1 We hold that the Services rendered  under the Contract with State Urban Development Agency, Uttar Pradesh (SUDA) , and for PMAY are in relation  to Functions Entrusted to Municipalities under Article 243 W and to Panchayats under Article 243 G of the Constitution of […]

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