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Archive: 29 March 2022

Posts in 29 March 2022

HC order lifting of Blockage of Electronic Credit Ledger after one year of blockage

March 29, 2022 279 Views 0 comment Print

Jai Venktesh Concast Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) In this matter, petitioner has challenged the impugned action of the respondents blocking credit ledger of the petitioner by order dated 24th November, 2020. Learned advocate appearing for the petitioner submits that in view of Rule 86A(3) of the West Bengal […]

CUP method cannot be applied if strict comparability is not possible

March 29, 2022 2262 Views 0 comment Print

Lenovo (India) Pvt. Ltd. Vs  DCIT (ITAT Banagalore) Ld. TPO thus applied the TNMM as the MAM and determined ALP which resulted in adjustment of Rs. 10,19,77,372/- to the Manufacturing Segment. The assessee filed objection before the DRP agains the proposed adjustment. However the DRP upheld the order of Ld. TPO by observing that in […]

HPVAT: Lump-sum payment of composite tax U/s. 16(2) cannot be equated with powers of State U/s. 62(5)

March 29, 2022 960 Views 0 comment Print

Pooja Cotspin Limited Vs State of Himachal (Himachal Pradesh High Court) The first proviso to Section 62(5) of the Himachal Pradesh Value Added Tax Act, 2005 enables the State to issue notification and allow any dealer to avail of any incentive on tax, if such incentive has been declared by the State before the commencement […]

Warranty obligation expenses cannot be treated as ‘fees for technical services’

March 29, 2022 14091 Views 0 comment Print

Tractors and Farm Equipment Ltd. Vs DCIT (ITAT Chennai) The submissions of Ld. AR are that warranty expenditure is part of overall sales obligations and the expenditure is reimbursed on actual basis. The warranty obligation being part and parcel of sales transactions and therefore, the same could not be held to be ‘fees for technical […]

Section 271C penalty not leviable for non-deduction of TDS on Provisions

March 29, 2022 4497 Views 0 comment Print

ACIT Vs Parsons Brinckershoff India Pvt. Ltd (ITAT Delhi) We find the JCIT in the instant case levied penalty of Rs.98,92,242/- u/s 271C on the ground that the assessee has not deducted TDS on certain expenses for which provision of Rs.9,92,66459/- was created in its books of account. We find the Ld. CIT(A) deleted the […]

Insurance Claim Against Unregistered Vehicles Not Payable: SC

March 29, 2022 9393 Views 0 comment Print

Registration of a Vehicles according to the provisions of Section 39 of MVA ,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place. Use of a vehicle without proper registration number is a violation of terms and conditions of an insurance policy and hence any claim, whether it was of theft or accident or damage to the vehicle will not be payable.

HC imposes cost of Rs. 1 Lakh each on 2 Trade Mark Officials For Concealing Facts

March 29, 2022 1377 Views 0 comment Print

Dr. Reddys Laboratories Limited Vs Controller General of Patents Designs And Trademarks (Delhi High Court) HC held that in view of the fact that the office of the CGPDTM was represented before this Court by two senior officials, namely, Mr. Sachin Sharma and Mr. Juneja, who did not disclose to this Court or to their […]

Custom House Agent liable to deduct TDS on payments to CFS Agents

March 29, 2022 26022 Views 0 comment Print

Shanmugar Services Vs ITO (ITAT Chennai) As per the provisions of Sec.194C of the Act, any person responsible for making payment for any services needs to deduct TDS on such payment at the prescribed rate. From the plain reading of Sec.194C of the Act, it is abundantly clear that the person who makes payment is […]

Free GST Software for 3 years for CA’s in Practice: An Initiative of ICAI

March 29, 2022 27393 Views 3 comments Print

Due to the increase in complexity in GST compliance and a lot of manual work related to reconciliation and reporting, GST Audit has become a very typical job for CA’s to match and reconcile every return. Practicing Chartered Accountants always need a tool that can minimize the clerical work and increase accuracy and effectiveness in the reporting and reconciliation.

GST: HC explains Inherent lack of jurisdiction or contributory error of jurisdiction

March 29, 2022 13200 Views 0 comment Print

Section 6(2)(a) of the CGST Act mandates that where any proper officer under the CGST Act issues an order, he shall also issue an order under the SGST Act or the UTGST Act as authorized under those Acts, as the case may be, under intimation to the jurisdictional officer of the State tax or the Union territory Tax. Clause (2) of sub section (2) of Section 6 of the CGST Act/UPGST Act mandates that where a proper officer under the SGST Act or the UTGST Act has initiated any proceedings on a subject-matter, no proceedings shall be initiated by the proper officer under the CGST Act on the same subject-matter.

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