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Archive: 24 January 2022

Posts in 24 January 2022

No concessional GST on residential complex for employees of APHSL

January 24, 2022 954 Views 0 comment Print

In re Siddartha Constructions (GST AAR Andhra Pradesh) The residential complex under discussion is meant for the employees of Andhra Pradesh High Grade Steels Ltd. (APHSL) and not for the use of the persons like Members of Parliament, State Legislature, Panchayats, Municipalities or other local authorities. Neither they belong to the persons holding any constitutional […]

Andhra Pradesh Industrial Infrastructure Corporation Ltd. (APIIC) is Govt entity for GST

January 24, 2022 1965 Views 0 comment Print

In re Siddartha Constructions (GST AAR Andhra Pradesh) Andhra Pradesh Industrial Infrastructure Corporation Ltd. (APIIC) was formed in 1973 by GO No: 831 dated: 10.09.1973 issued by Government of Andhra Pradesh. As seen from the share holding ratios of the 41′ Annual Report for the years 2013-2014 as made available by APIIC website https://www.apiic.in, the […]

गुजरात हाईकोर्ट में सीबीडीटी ने दिया एफिडेविट और कहा आडिट रिपोर्ट या पोर्टल संबंधित समस्या का निराकरण होगा तुरंत

January 24, 2022 1506 Views 0 comment Print

गुजरात हाईकोर्ट की फटकार के बाद आयकर विभाग की निर्णायक संस्था सीबीडीटी ने एफिडेविट सबमिट कर आश्वासन दिया कि करदाता की जो भी पोर्टल संबंधित समस्या है, उसका तुरंत निराकरण किया जावेगा. इस हेतु सीबीडीटी ने सरकार की तरफ से ईमेल आईडी भी कोर्ट के सामने रखे, जिस पर करदाता शिकायत कर सकता है और […]

All About Startup

January 24, 2022 1260 Views 0 comment Print

Innovation and startups help drive a nation economy forward as a key engine of economic growth. The cycle of innovation is speeding up, and talented entrepreneurs are ready to take over and invent the next disruptive technologies. Raising the Capital Raising capital is typically one of the first issues a startup company will need to address, […]

Inconsistency in Section 16(2)(c) & new Amendment to Rule 36(4) of CGST Act

January 24, 2022 10413 Views 1 comment Print

Input tax credit means credit of ‘input tax’- Section 2(56) of the CGST Act, 2017. Input Tax Credit is the core concept of GST as GST is destination based tax. There are certain anomalies between the act and the rule which are creating practical problems in availing ITC. Input tax credit means credit of ‘input […]

Reopening of Assessment not permissible for Change of Opinion of AO

January 24, 2022 13791 Views 0 comment Print

Oracle Financial Services Software Limited Vs DCIT (Bombay High Court) Existence of the reason to believe that income chargeable to tax has escaped assessment is a jurisdictional condition for invoking the power under section 147 of the Act, 1961, both within and beyond a period of four years from the end of relevant assessment year. […]

HC Grants Bail to CA in alleged Case of Issue of Bogus Certificates

January 24, 2022 3693 Views 0 comment Print

Ravi Kumar Vs State of Telangana (Telangana High Court) Admittedly, petitioner was arrested on 27.11.2021 and custody of petitioner was also sought for five days and the only allegation against the petitioner is that being a Chartered Accountant, without verifying the Bills of Entry and economic rationale of such large payments from paper entities had […]

Summoning via WhatsApp not Overreach of Judicial System: Delhi HC

January 24, 2022 3261 Views 0 comment Print

ICICI BANK Limited Vs Rashmi Sharma (Delhi High Court) In the considered view of this Court, there was no occasion at all for the Commercial Court to issue show cause notice for initiating criminal contempt against the plaintiff. Just because the photograph of the summons were sent by the plaintiff to the defendant through WhatsApp […]

HC Quashes order rejecting SVLDRS-1 declaration which was passed in violation of Natural Justice

January 24, 2022 852 Views 0 comment Print

Hindustan Petroleum Corporation Ltd. Vs Union of India (Bombay High Court) The Respondents filed Central Excise Writ Petition No. 60 of 2018 against the Petitioner and was pending before this Court. On 27/12/2019, the Petitioner opted for settling the said SVLDR scheme by filing necessary SVLDRS-1 declaration. The said application however was rejected on the […]

No deemed dividend on withdrawal by assessee as partner from partnership firm

January 24, 2022 975 Views 0 comment Print

We hold that there is no question of treating the amount withdrawn by the assessee as partner from the partnership firm namely M/s SKA Enterprises in the nature of loan and advance and treat it as deemed dividend under section 2(22)(e) of the Income Tax Act. None of the ingredients of section 2(22)(e) stand satisfied in the instant case.

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