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Archive: February, 2022

Posts in February, 2022

GST- Section 8 Tax liability on composite and mixed supplies

February 5, 2022 11262 Views 0 comment Print

Today we will do a study of Section 8 of CGST Act, 2017 which talks about tax liability on composite and mixed supplies Firstly, we’ll get acquainted with the legal provision, then relevant definitions and eventually we’ll get through the explanations w.r.t. the legal provisions. Section 8 of CGST Act, 2017 The tax liability on a […]

Section 139(8A) -Updated return – Union Budget 2022

February 5, 2022 27303 Views 2 comments Print

New updated return introduced in Budget 2022-Let us discuss it in simplified manner- 1. Any person , Whether or not he has not furnished an original return, belated return or revised return,     may furnish an updated return of his income till 24 months from the end of the assessment year. but when he cannot […]

Completion of Investigation not a Condition Precedent for Eligibility under SVLDR Scheme 2019

February 5, 2022 2403 Views 0 comment Print

M/s. UCN Cable Network (P) Ltd. Vs. Designated Committee under SVLDR Scheme, 2019 (Bombay High Court, Nagpur) Completion Of Investigation Not a Condition Precedent For Eligibility Under ‘Sabka Vishwas’ (Legacy Dispute Resolution) Scheme 2019 The Hon’ble Bombay High Court while quashing the Designated Committee’s decision of rejecting declaration under the Amnesty SVLDR Scheme observed that […]

No capital gain tax on disputed pending transfer of shares

February 5, 2022 2349 Views 0 comment Print

Where the legality and validity of the agreement was under challenge, there was no infirmity into the order of CIT(A) to the extent it was held that the transfer of shares could not be subjected to capital gain tax in the year under consideration on the ground that the entire transaction had not fructified.

No interest to be levied by Commissioner on assessee-company under CENVAT Credit Rules

February 5, 2022 996 Views 0 comment Print

Interest was not leviable by Commissioner under Cenvat Credit rules as Commissioner, on his own, examined as to whether assessee was eligible to avail and utilize CENVAT credit under rule 11 or rule 3(2) of the 2004 Credit Rules however, assessee had not made any such claim for availing the credit. It was, therefore, not possible to uphold the order passed by Commissioner.

Major Changes in Goods & Service Tax Act, 2017 – Budget 2022

February 5, 2022 10452 Views 0 comment Print

The Budget -2022 has brought many changes in the Goods and Services Tax (GST). We are going to discuss those important changes in this article. 1. Clause 99 of the Finance Bill -2022 seeks to amend section 16 of the Central Goods and Services Tax Act, 2017 – SECTION 16 DEALS WITH INPUT TAX CREDIT;

ICAI removes name of 4 CA members for from Register of Members

February 4, 2022 10947 Views 0 comment Print

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (Set up by an Act of Parliament) NOTIFICATION New Delhi, the 4th February, 2022 (Chartered Accountants) No. PPR/P/052/18/DD/12/ INF/19/DC/1355/2020.— In terms of the provisions of Section 21B(3) of the Chartered Accountants Act, 1949 read with Rules 18(17) and 19(1) of the Chartered Accountants (Procedure of Investigations of Professional […]

Transitional credit will be subjected to provisions of Rule 4(1) of CCR, 2004

February 4, 2022 3006 Views 0 comment Print

Heavy Vehicles Factory Vs Commissioner of GST & CE (CESTAT Chennai) provisions of Rule 4 are very clear as regards the time limit for availment of Cenvat credit. We find that the provisions of Rules cannot be read in isolation. The entire set of Rules covering availment/utilization of credit i.e., CCR, 2004, has to be […]

DRI is not a Proper Office for issue of SCN: CESTAT Delhi

February 4, 2022 2436 Views 0 comment Print

Toyota Material Handling India Private Limited Vs Principal Commissioner of Customs (Import) (CESTAT Delhi) The issue that arises for consideration is whether the Principal Additional Director General, DRI had the jurisdiction to issue the notice. This precise issue was examined by the Supreme Court in Canon India. The Supreme Court observed that the nature of […]

Interactive intelligent panel Having CPU cannot be classified as Monitors

February 4, 2022 2157 Views 0 comment Print

Cloudwalker Streaming Technologies Pvt Ltd Vs Commissioner of Customs (CESTAT Mumbai) In valuation, rejection of the declared amount is a pre-requisite because the relevant Rules afford consequential alternatives but rejection of declared classification at the outset carries the burden of saddling the exercise with re-classification that may not meet the test of General Rules for […]

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