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Archive: February, 2022

Posts in February, 2022

Deduction of TDS by E-commerce seller

February 22, 2022 17697 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 2391 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 3348 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 43608 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 2694 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 1014 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 7110 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 […]

Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022

February 22, 2022 5862 Views 0 comment Print

These regulations may be called the Shipping Bill (Post export conversion in relation to instrument based scheme) Regulations, 2022. They shall come into force on the date of their publication in the Official Gazette.

Major Amendments In ITC Under GST Law- Finance Bill, 2022

February 22, 2022 21882 Views 2 comments Print

Finance Bill, 2022 has proposed several changes in CGST Act, 2017 in its clauses 99 to 123. The major amendments are proposed in provisions relating to input tax credit making it more harsh, conditional and restrictive. These changes relate to the following provisions: Clause Amendments in section In relation to 99 16 Eligibility and conditions […]

Real Estate | On a cyclical high

February 22, 2022 1230 Views 0 comment Print

Debate around the new real estate upcycle continues to cloud the market’s collective wisdom. Upcycles are driven by rising income levels, narrowing of the rental yields and interest rate corridor gap, structural changes like market share gains by organised players, wealth effect, joint family nuclearization, and confidence in strong economic growth.

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