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Archive: 14 March 2022

Posts in 14 March 2022

Transformation of articles to bring new articles into existence amounts to manufacturing

March 14, 2022 543 Views 0 comment Print

The two-member bench held that transformation of articles to bring new articles into existence amounts to manufacturing and allowed deduction under section 80IC of the Income Tax Act, 1961.

Swiggy Case: GST recovered at the time of search/inspection not Voluntary

March 14, 2022 4173 Views 0 comment Print

Union of India Vs  Bundl Technologies Private Limited (Karnataka High Court) In this case The Officers of the Department entered the premises of the Company on 28.11.2019 at 10.30 a.m. During the course of the investigation from 28.11.2019 till 30.11.2019, DGGI Officers issued spot summons to the Directors and employees of the Company and their […]

Amendments related to Employees’ Contribution to ESIC/PF vide Finance Act, 2021 are Prospective

March 14, 2022 7620 Views 0 comment Print

Plivo Communications Private Limited Vs ACIT (ITAT Bangalore) Hon’ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is ‘for the removal of doubts’ cannot be presumed to be retrospective, if it […]

HC grants Bail to GST Accused in views of conflicting views on the question of the inclusion or exclusion of the day of remand

March 14, 2022 3279 Views 0 comment Print

Rohit Mehta Vs Superintendent (Preventive) (Punjab and Haryana High Court) The contention on behalf of the respondent- Department is that the day of remand is to be excluded while calculating the sixty days period. In view thereof 28.11.2021 would be the Sixtieth day, the same day the complaint had been filed. The application of the […]

GST Evasion Case: No bar on issue of Section 70 Summons before final assessment

March 14, 2022 3006 Views 0 comment Print

Prakash Chandra Purohit Vs Union of India (Rajasthan High Court, Jodhpur Bench) During the course of arguments, learned counsel for the respondents submit that at present the only purpose of issuing Summons u/s 70 of CGST Act to the petitioners is to record their statements seeking to extract the role of the petitioners in the […]

Section 43B- No deduction for Deposit In ‘No-Lien/Escrow Account’

March 14, 2022 1827 Views 0 comment Print

Indian Metal and Ferro Alloys Ltd Vs CIT (Orissa High Court) The purpose of Section 43B of the Act was to ensure that a liability could be claimed as deduction only if the Assessee has actually parted with the sum without any recourse to it thereafter. In the present case, the interim stay granted in […]

Cenvat Credit from 01.04.2011 on Rent-a-Cab, supply of Manpower for Outdoor Catering/Gardening Services

March 14, 2022 1515 Views 0 comment Print

MTL Instruments Private Limited Vs Commissioner of G.S.T. and Central Excise (CESTAT Chennai) The definition of input service was amended with effect from 01.04.2011 which has been reproduced in paragraph 5.1 above. The definition contains an exclusion clause wherein the credit availed on Rent-a-Cab Services as well as Outdoor Catering Services has been specifically excluded. […]

Section 40A(2)(b) not applies to loan given at lower interest rate for business purpose to related parties

March 14, 2022 5301 Views 0 comment Print

ITAT held that lower interest received on loan given to related party for business purpose cannot be subjected to provisions of section 40A(2)(b) of the Act. 

GST: HC directs Commissioner to furnish reasons for Provisional Attachment

March 14, 2022 3549 Views 0 comment Print

Originative Trading Private Limited Vs Union of India (Bombay High Court) The question that arises for the consideration of this Court is whether the remedy of the petitioner to lodge his objection to the order of provisional attachment under section 83 read with Rule 159(1) of the CGST Rules can be effectively exercised without communication […]

S. 138 NI Act: In absence of specific allegations about the applicant, he cannot be prosecuted

March 14, 2022 3543 Views 0 comment Print

High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).

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