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Archive: 22 February 2022

Posts in 22 February 2022

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4275 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 3774 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

No advance ruling where supplies undertaken prior to date of filing of application

February 22, 2022 2565 Views 2 comments Print

Since the question posed by the applicant related to supplies undertaken prior to the date of filing of the application for advance ruling, no ruling can be given on the questions. Hence, it is not maintainable and rejected.

Truck owner Registration number not relevant to decide Section 194C applicability

February 22, 2022 1980 Views 0 comment Print

Registration number of truck owner is not relevant for deciding applicability of Section 194C but it is personnel/truck operator from whom trucks are hired.

Guide on Taxation Issue relating to Intra Day Trading and Short Term Trading

February 22, 2022 43938 Views 1 comment Print

It was March 2020, almost 2 years after the first Covid Lockdown. Many youngsters entered the Stock Market first time during this period. Nearly 8,39,81,228 Active accounts are managed by CDSL and NSDL. People started trading intraday, BTST, STBT, Option selling, futures. For them, they are either trading or investing. But from a taxation perspective, […]

Deduction of TDS by E-commerce seller

February 22, 2022 15360 Views 1 comment Print

An E-commerce seller is a seller who lists its products/services on E-commerce platforms like Amazon, Flipkart etc. The question is whether & what TDS do they require to deduct. The answer is- like any other business, TDS compliance apply to an E-commerce seller just like it applies to any other business & they are required […]

Unjust enrichment cannot be assumed merely on presumptive basis

February 22, 2022 2034 Views 0 comment Print

Rambagh Palace Hotel Pvt. Ltd. Vs Commissioner, Central Excise & CGST (CESTAT Delhi) Appellate Authority/ Commissioner (A) has not given any finding which may falsify the findings of original adjudicating authority. Commissioner (Appeals) has been silent about CA certificate. Thus, I opine that Commissioner (Appeals) has committed an error by holding the refund to hit […]

Consumer u/s 2(1)(d) covers only services availed exclusively for the purposes of earning the livelihood by means of self-employment

February 22, 2022 2781 Views 0 comment Print

It could thus be seen, that when a person avails a service for a commercial purpose, to come within the meaning of ‘consumer’ as defined in the said Act, he will have to establish that the services were availed exclusively for the purposes of earning his livelihood by means of self-employment. There cannot be any straitjacket formula and such a question will have to be decided in the facts of each case, depending upon the evidence placed on record.

Charitable Trusts – Requirement of Form No 10 for Exemption u/s 11(2)- Whether Mandatory Or Directory?

February 22, 2022 39486 Views 1 comment Print

Non filing of Form 10 within the prescribed time u/s 11(2)  Exemptions are provided to Charitable & Religious Trusts 1) Unconditionally, u/s 11(1) of the Act to the extent it does not exceed 15% of the income from such property; 2) Conditionally, u/s 11(2) of the Act, without any upper limit on fulfillment of the […]

Financier Liable to Pay Vehicle Tax from date of Taking Possession for Loan default: SC

February 22, 2022 2253 Views 0 comment Print

Mahindra and Mahindra Financial Services Ltd. Vs State of U.P. (Supreme Court) As per Section 2(h) of the Act,1997 read with Section 2(30) of the Act, 1988, even a person in possession of the vehicle under the hire-purchase agreement or an agreement of sell or an agreement of hypothecation can also be said to be […]

RBI cautions public against sRide Tech Private Limited

February 22, 2022 699 Views 0 comment Print

It has come to the notice of RBI that sRide Tech Private Limited, is operating a semi-closed (non-closed) pre-paid instrument (wallet) through its car-pooling app (application) ‘sRide’ without obtaining the required authorisation from RBI under the provisions of the Payment and Settlement Systems Act, 2007.

NCLT President, Chairperson & Members appointed

February 22, 2022 6096 Views 0 comment Print

Appointment of Chairperson in National Company Law Tribunal, Appointment of Members in National Company Law Tribunal and Appointment of President in National Company Law Tribunal Appointment of Members in National Company Law Tribunal MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 22nd February, 2022 S.O. 815(E).—In exercise of the powers conferred by section 408 of […]

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