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Archive: 25 February 2022

Posts in 25 February 2022

Year of Indexation & Cost of Acquisition in case of bequeathed Property

February 25, 2022 4998 Views 0 comment Print

Rohan Developers Pvt. Ltd. Vs ITO (Bombay High Court) According to petitioner, under Section 49(1)(ii) of the Act, cost of acquisition of the said property in the hands of seller is deemed to be the cost for which the said property was acquired by late Mrs. Dolly Jehangir Gazdar. It is also petitioner’s case that […]

Fake Invoices: CENVAT Credit not allowable

February 25, 2022 1353 Views 0 comment Print

Commissioner, Central Excise & CGST Vs Prem Jain Ispat Udyog Pvt. Ltd. (CESTAT Delhi) Under rule 4(1) of the Credit Rules, CENVAT credit of inputs to be used in the manufacture of final product is allowable to the manufacturer only on receipt of the goods along with invoices in the factory of manufacturer. Rule 4(5) […]

Central Motor Vehicles (fifth Amendment) Rules, 2022

February 25, 2022 33993 Views 0 comment Print

(1) These rules may be called as the Central Motor Vehicles (fifth Amendment) Rules, 2022. (2) They shall come into force with effect from the 1st April, 2022. 150A. Procedure for investigation of road accident. – The procedure to be followed for investigation of all accidents arising out of the use of motor vehicles shall be in accordance with Annexure-XIII and in the manner of submission and form, including electronic submission on such Portal as may be specified.

An Amount cannot not be excluded from Considerations merely for retention in Escrow account

February 25, 2022 4650 Views 0 comment Print

Caborandum Universal Limited Vs ACIT (Madras High Court) On facts, when we examine the Business Sale Agreement, it is not disputed by the parties that the full and final consideration is Rs.325,000,000/- after having agreed upon the full and final consideration, the parties agreed to retain a particular amount of money in an Escrow account […]

ITBA Functionality for Set-Aside Matters in Income Tax Exemption Module

February 25, 2022 1962 Views 0 comment Print

Functionality for processing Set Aside cases in Exemption Module of ITBA can be accessed using the following path. User: CsIT (Exemptions) Navigation Path: ITBA Portal →Login→ Modules→ Exemptions→ Menu →Initiate Proceeding in Set Aside Matter. Proceeding creation screen will be opened.

If sworn statements not going to be used against Assessee than he need not cross-examine such individuals

February 25, 2022 1926 Views 0 comment Print

SRS Mining Vs DCIT (Madras High Court) In the considered view of this Court, stated position of the Revenue, which has been captured supra more particularly, the stated position that the sworn statements are not going to be used against the writ petitioner as set out in the counter affidavit and as captured in this […]

Thrust of SVLDR scheme is to unload baggage of pending litigations: HC directs dept to issue discharge certificate on payment of Taxes

February 25, 2022 882 Views 0 comment Print

Munish Rajkumar Mahajan Vs Union of India (Bombay High Court) This Court held that having regard to the objective of the scheme, in a case of this nature, a reasonable and pragmatic approach has to be adopted so that a declarant can avail the benefits of the scheme; a declarant who seeks benefit under the […]

Maharashtra Professional tax: Govt issues Late fee waiver Notification

February 25, 2022 20328 Views 0 comment Print

Late fee waiver Notification dated 25 Feb 2022 has been issued by Government of Maharashtra. All Profession Tax returns pending up to December 2021 can be filled up to 31st March 2022 without late fee after payment of tax and interest. Read Notification Below-   

Non-filer assessment orders under GST in cases of non-existent/genuine taxpayers

February 25, 2022 12477 Views 1 comment Print

Assessment of return non-filers u/s 62 is done as a measure to ensure filing of return. However, the taxpayers are’ detected as non-existent / non-genuine and the registrations are cancelled consequently, the issue of addressing the liability arising out of the UAO has cropped up which is dealt with in this circular.

Tax neutrality in outbound mergers is need of the hour in India

February 25, 2022 4806 Views 0 comment Print

Union budget 2022-23 has finally been introduced. Various aspects of taxation laws are demanding reforms and corporations and other entities were looking forward to the new Finance Bill, 2022. However, unfortunately some voids were left unfilled Therefore there is a need to relook at some key issues governing corporate tax regime demanding reforms. One of which is the application of tax neutral provisions on outbound mergers under relevant legislations.

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