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Archive: 11 March 2022

Posts in 11 March 2022

Reassessment proceedings based on wrong assumptions of facts – Return not filed

March 11, 2022 4719 Views 0 comment Print

1. The “reasons to believe” in an income escaping assessment (section 148 read with section 147 of the Act) is one of the most important piece of document. It is the foundation stone with respect to the validity of the entire reassessment proceedings. “Reason to believe” is the document which requires careful consideration and it […]

ITAT directs dept to check residential status of Barclays Bank before disallowing interest paid to it

March 11, 2022 810 Views 0 comment Print

Bajaj Foods Ltd Vs The ITO (ITAT Ahmedabad) Undeniably the interest paid to Barclays Bank by the assessee has been added to the income of the assessee for non deduction of tax at source thereon as per section 195 of the Act treating the said Bank to be a non redident. The order of the […]

Amendment to section 36(1)(via) & 43B are prospective not retrospective

March 11, 2022 3702 Views 0 comment Print

Amendment brought by Finance Act, 2021 to section 36(1)(via) and 43B is only prospective in nature and not retrospective and the same to be effective from 1-4-2021 and will apply for and from the assessment year 2021-22 onwards.

GST fraud of Rs. 630 crs- CGST Ghaziabad arrested 1 person

March 11, 2022 3327 Views 0 comment Print

CGST Ghaziabad arrested 1 person in follow up of an earlier case which involved GST fraud of Rs. 630 crs. in value and fake ITC of approx 100 crs. by creating 50 bogus firms, using multiple PAN, mobile numbers and bank accounts. 2 persons have been arrested in the case so far. PRESS NOTE CENTRAL […]

Fake ITC & bogus billing: CGST Bhiwandi Commissionerate arrests a businessman

March 11, 2022 1554 Views 0 comment Print

A businessman involved in Fake Input Tax Credit racket has been arrested by the officers of Bhiwandi Commissionerate of CGST Mumbai Zone. Intelligence was developed by anti-evasion, Bhiwandi CGST of Mumbai CGST Zone, using different data analytics tools such as Advait, E-way Bill Portal etc.

Constitute special bench to resolve dispute of taxability of share capital/premium u/s 68: ITAT

March 11, 2022 5949 Views 0 comment Print

DCIT Vs Lotus Logistics & Developers Ltd (ITAT Mumbai) In this case ITAT was hearing the dispute related to addition for unexplained cash credit received in the form of share capital under section 68. ITAT observed that on the same issue  in a large number of decisions of the coordinate benches held that once all […]

Appointment of Common Adjudicating authority for adjudicating SCNs issued by DGGI

March 11, 2022 6891 Views 0 comment Print

Notification No. 02/2022-Central Tax dated 11th March, 2022 empowers Additional Commissioners of Central Tax/ Joint Commissioners of Central Tax of some of the specified Central Tax Commissionerates, with All India Jurisdiction for the purpose of adjudication of the show cause notices issued by the officers of the Directorate General of Goods and Services Tax Intelligence. […]

Statement in Proposal Form – Warranty or mere Description of Risk Insured?

March 11, 2022 2706 Views 0 comment Print

Proposal Form in Insurance: Understanding the Vital Role in Policy Structure. Dive into the Purpose, Usage, and Legal Perspectives. Explore Case Laws – Warranty or Mere Description of Risk? Learn from Farr vs. Motor Traders and Roberts vs. Anglo Saxon. Know the Impact on Validity and Liability.

E-Invoicing/E-Invoice (Electronic billing) under GST

March 11, 2022 90705 Views 5 comments Print

Discover the benefits of E-Invoicing/E-Invoice (Electronic billing) under GST. Learn how this electronic billing system is being mandated by governments to prevent tax evasion.

Section 65(105)(zzza): Works contract service not include Electric winding of motor

March 11, 2022 1635 Views 0 comment Print

Sahni Electric Works Vs Commissioner of Service Tax (CESTAT Delhi) Undisputedly Electric motor winding job required both winding of the motors and also using the materials required for such service. Thus, it was a composite works contract which involved both rendering service and supplying material. The Revenue also does not dispute that it is a […]

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