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Archive: 21 February 2022

Posts in 21 February 2022

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6480 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Rajasthan HC directs department to accept deceleration under Vivad se Vishwas Scheme, 2020

February 21, 2022 3759 Views 1 comment Print

Rakesh Garg Son Vs PCIT (Rajasthan High Court) Legislature framed the direct tax Vivad se Vishwas Scheme, 2020. It was brought into effect from 17.03.2020. This act contains provisions for settlement of pending direct tax disputes. The petitioner was desirous of taking benefit of the said settlement scheme contained in the Act of 2020 and […]

Demystifying GST On Used Goods

February 21, 2022 30225 Views 7 comments Print

Normally GST is charged on the transaction value of the goods. However, in respect of second hand goods (Used Goods), a person dealing is such goods may be allowed to pay tax on the margin i.e. the difference between the value at which the goods are supplied and the price at which the goods are […]

No requirement under IBC that resolution plan should match liquidation value of corporate debtor: SC

February 21, 2022 3474 Views 0 comment Print

Maharasthra Seamless Ltd. vs. Padmanabhan Venkatesh (Supreme Court) Supreme Court Rule That The liquidation value of assets can be higher than the bid under the corporate insolvency resolution process. The Supreme Court in a significant judgment concerning provisions of the Insolvency and Bankruptcy Code (IBC), 2016 made it clear that it is not necessary that […]

Apartment Owners Association and Post RERA Practices

February 21, 2022 13947 Views 0 comment Print

1. Adequate housing is not merely a desired goal; it is a basic human right of all human beings. This has been affirmed by the Universal Declaration of Human Rights in 1948, which recognizes the right to adequate housing as an integral component of the human right to an adequate standard of living. a. However, […]

Analysis: Limited Liability Partnership (Amendment) Rules, 2022

February 21, 2022 2871 Views 2 comments Print

The Ministry of Corporate Affairs (MCA) vide its Notification no. G.S.R. 109(E) dated 11th February, 2022 has notified Limited Liability Partnership (Amendment) Rules, 2022 to further amend the existing Limited Liability Partnership Rules, 2009. The said amendments are notified to bring the existing rules in line with the Limited Liability Partnership (Amendment) Act, 2021.   […]

Applicability of provisions of Companies Act, 2013 on LLPs

February 21, 2022 22797 Views 1 comment Print

The Ministry of Corporate Affairs (MCA) vide its Notification no. G.S.R. 110(E) dated 11th February, 2022, has notified that the provisions of sections 90, 164, 165, 167, 206 (5), 207 (3), 252 and 439 of the Companies Act, 2013, shall apply to LLPs, except where the context otherwise requires, with the modifications as specified. The […]

No service Tax on Lease of Wagons to Railways when effective control rest with Railway & VAT/Sales Tax already paid

February 21, 2022 1980 Views 1 comment Print

MSPL Ltd Vs Commissioner of Central Excise and Customs (CESTAT Bangalore) Briefly stated the facts of the case are that the appellants are engaged in mining and sale/export of iron ore and are registered with service tax department. The appellants have availed ‘own your wagon scheme’ introduced by Indian Railways by purchasing and leasing out […]

SCN issued on Directors cannot be treated as SCN issued on Company

February 21, 2022 1830 Views 0 comment Print

Yug International Pvt. Ltd. Vs Principal Commissioner (CESTAT Delhi) It is a fact that the show cause notice was not issued to the appellant. It was issued only to five persons including Amit Agarwal, who is the Director of the appellant. The appellant has stated that since it was not required to file reply to […]

Modus operandi relating to short payment of GST on Coaching Services detected

February 21, 2022 3762 Views 0 comment Print

On the Anti-Evasion front, the Alwar CGST Commissionerate detected a modus operandi relating to short payment of GST on composite supply of Commercial Training or Coaching Services along with goods such as School Bags, Notebooks, T-Shirts, Sweat Shirts, Umbrellas etc. to their students.

CESTAT allows refund of pre-deposit along with interest

February 21, 2022 8604 Views 0 comment Print

Vandana Global Ltd. Vs Commissioner (CESTAT Delhi) The appellant had paid the amount of pre-deposit at the rate of 10% of duty and penalty while filing appeal before the CESTAT over and above the 7.5% thereof as was paid while filling appeal before Commissioner (Appeals) against Order-in-Original No.115/Refund/AC/RD-I/2017 dated 10.04.2018 pursuant to the Show Cause […]

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