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Archive: 11 January 2022

Posts in 11 January 2022

God cannot be summoned by Court for inspection or verification

January 11, 2022 1092 Views 0 comment Print

S.P. Eswaramurthy Vs Government of Tamil nadu (Madras High Court) Learned counsel for the petitioners submitted that, the idol in the ancient temple called Arulmighu Paramasivan Swamy Thirukkoil, Siviyarpalayam, Kangeyam Taluk, Tiruppur District was stolen. Subsequently, that was retrieved by the Police and thereafter it was produced before the concerned Court ie., the Special Court […]

Request GST Commissioner to Extend Time for Rectifying Mistake in TRAN-1: HC directs Petitioner

January 11, 2022 4530 Views 0 comment Print

Pioneer Carbide Pvt. Ltd. Vs Union of India (Meghalaya High Court) The present matter is governed by Rule 117 of the CGST Rules of 2017. Thus, on plain reading of the Rule, a registered person who has submitted a declaration electronically in the relevant form is entitled to revise the declaration and file it afresh […]

HC permits petitioner to file rectified TRAN-I Form electronically or manually

January 11, 2022 1050 Views 0 comment Print

The petitioner is permitted to file once again rectified TRAN-I Form electronically or manually within a period of 30 days from today; pursuant to the petitioner filing the said form, respondents would consider and pass appropriate orders in accordance with law.

Penalty cannot be imposed merely for non-filing of Audit Report Electronically

January 11, 2022 7026 Views 0 comment Print

SLV Housing Development Corporation Vs ACIT (ITAT Bangalore) The tax authorities have pointed out time gap in getting a tax audit report from a new CA. However, it is a known fact that it might have taken some time to severe relationship with the earlier CA. However, the fact remains that the tax audit report […]

Upcoming e-commerce sales, Control the Deep Discount/Predatory Prices

January 11, 2022 675 Views 0 comment Print

In the wake of proposed republic day sales by All India Mobile Retailers Association stressed in an Open Letter of Concern to brand CEO’s to maintain a level playing field, proper stocks in mainline, price/offer similarity. Else retailers shall harmonise rates by raising debit notes to the distributors. Text of their letter is as follows:- […]

GST on supply of Solar water pumping system alongwith installation

January 11, 2022 2946 Views 0 comment Print

In re Utsav Corporation (GST AAAR Rajasthan) It was held that controller will attract GST at appropriate rate applicable to items of Chapter Heading 8504. 2. Iron structure designed for use of solar panel is classifiable under Chapter Heading 7308 and neither be classified as solar power based devices nor called as solar power generators […]

Co-Op society eligible for Section 80P(2)(d) deduction on Interest income from Other Co-Op societies

January 11, 2022 25866 Views 0 comment Print

Rena Sahakari Sakhar Karkhana Ltd. Vs PCIT (ITAT Pune) We find that the issue that a co-operative society would be entitled for claim of deduction under Sec. 80P(2)(d) on the interest income derived from its investments held with a co-operative bank is covered in favour of the assessee in the following cases: (i) M/s Solitaire […]

Builder obliged to provide occupancy certificate to flat owners & Failure amount to deficiency in service: SC

January 11, 2022 6558 Views 0 comment Print

Samruddhi Co-operative Housing Society Ltd. Vs Mumbai Mahalaxmi Construction Pvt. Ltd. (Supreme Court of India) Sections 3 and 6 of the MOFA indicate that the promoter has an obligation to provide the occupancy certificate to the flat owners. Apart from this, the promoter must make payments of outgoings such as ground rent, municipal taxes, water […]

Patna HC Quashes GST order passed in violation of Principles of Natural Justice

January 11, 2022 4377 Views 0 comment Print

We form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences.

CIT cannot invoke section 263 if there was lack of inquiry from the end of AO

January 11, 2022 3186 Views 0 comment Print

Pushp Steel and Mining Private Ltd. Vs PCIT (ITAT Delhi) The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that the revisionary jurisdiction under section 263 of the Income Tax Act, 1961 can be exercised in a very gross case of inadequacy in inquiry by Assessing Officer subject to the pre-requirements provided […]

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