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Archive: 13 February 2022

Posts in 13 February 2022

Bogus Purchase: Disallowance may be restricted to the extent of profit embedded in such purchases

February 13, 2022 4449 Views 0 comment Print

ITO Vs Shree Deepak Banwarilal Agarwal (ITAT Surat) We find that during the assessment the AO made addition of 100% of purchases shown by the assessee from four parties which were managed by “PK Jain” and his group. The AO made addition on the basis of report of Investigation Wing about the search & seizure […]

Service Tax not Applicable on Notice Pay Recoveries made from employees

February 13, 2022 3435 Views 0 comment Print

CESTAT Held that, no service tax is payable on notice pay in lieu of sudden termination, as it does not give rise to the rendition of service either by the employer or the employee, and compensation for failure under a contract cannot be consideration for service. Further held that such contract cannot be termed as declared service.

An expense cannot be treated as Capital merely for increase in Turnover and Profit

February 13, 2022 897 Views 0 comment Print

DCIT Vs Omni Active Health Technologies Ltd. (ITAT Mumbai) Briefly, the assessee is in the business of trading of healthcare and Nutraceuticals Products. The assessee is being granted patents for the one of its process in United States. A US based company filed suit against the appellant in July, 2008 for infringement of the patents […]

Assessee eligible for cash refund of cessess lying as cenvat credit balance as on 30/06/2017

February 13, 2022 1299 Views 0 comment Print

Hindustan Zinc Ltd Vs Commissioner, Central Excise & CGST(CESTAT Delhi) The issue involved is whether the appellant-manufacturer of Lead and Zinc Concentrates which are dutiable whether they are entitled to refund of unutilized Cenvat credit of i) education cess ii) Secondary and Higher Education Cess, lying unutilized (credit balance) as on 30th June 2017. I […]

Revision to SEBI Operational Circular dated December 17, 2021

February 13, 2022 840 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) vide its circular no. SEBI/HO/DDHS/P/CIR/2021/613 dated August 10, 2021, consolidated existing procedures pertaining to issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper (Operational Circular). Further, to bring uniformity in requirements and based on feedback from market participants, SEBI […]

MCA introduces new form CSR-2 – Report on CSR

February 13, 2022 127599 Views 0 comment Print

The MCA vide its notification dated 11th February, 2022 has notified Companies (Accounts) Amendment Rules, 2022 which shall come into force from 11th February 2022. In the Companies (Accounts) Rules, 2014, after Rule 12 (1A) the following shall be inserted: “(1B) Every company covered under the provisions of sub-section (1) to section 135 shall furnish […]

Section 269SU: An Initiative to Boost Digital Transaction

February 13, 2022 2316 Views 0 comment Print

SECTION 269SU: AN INTIATIVE TO  BOOST  DIGITAL TRANSACTION The Government of India has adopted several fiscal and non-fiscal measures to move towards a less cash economy, to reduce the generation and circulation of black money and to promote the digital economy, The GOI with a vision to transform India into a digitally empowered society and […]

All you need to know about SEBI Research Analyst Registration

February 13, 2022 19491 Views 0 comment Print

Once you plan to undertake activities of a Research Analyst, before starting to offer your services you need to get yourself registered with SEBI as a Research Analyst/ Research Entity. Registration is a straight forward process though dedicated online portal. The process is completely online and transparent. Questions you encounter once you decide to act […]

Use of Correct Tense While Drafting appeal or reply

February 13, 2022 2817 Views 0 comment Print

This tip strives to give clarity on which tense shall be used while discussing the law, Legal Precedents and the facts of the case. Let us take an example of a transaction which was held as bogus by the Assessing Officer and against which the assessee is in appeal. 1. Use the Present tense for […]

ROC imposes Rs. 2 Lakh penalty for delay in Share Certificate issue

February 13, 2022 13143 Views 0 comment Print

The company has received a remittance of Rs. 50,00,000 from its subscriber on 17.05.2021 in its bank account towards share capital contribution for subscription of equity shares of the company and the Board vide its resolution dated 18.05.2021 given its approval for issuance of share certificates to the subscribers to the Memorandum of Association and […]

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