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Archive: April, 2022

Posts in April, 2022

CAAR rejects application as dispute already attained a formal status

April 26, 2022 1044 Views 0 comment Print

In re Gee Pee Mica Enterprises (CAAR Delhi) CAAR finds that the question raised for advance ruling is already pending before an officer of Customs and the dispute between the applicant and the department has already attained a formal status. In this regard, proviso to section 28 I (2) lays down that the Authority shall […]

Report on raising GST Rates on 143 items is misleading

April 26, 2022 4977 Views 1 comment Print

It has been noted that a section of the media has reported that feedback has been sought from States regarding a suggestion for raising Good & Services Tax (GST) rates on 143 items.

CAAR rejects application as question raised was already pending before a Custom officer

April 26, 2022 1503 Views 0 comment Print

In re Aggarwal Laminates Pvt. Ltd. (CAAR Delhi) Having gone through the application For advance ruling and having heard the authorized representative of the applicant during the personal hearing, CAAR find that the question raised for advance ruling is already pending before an officer of Customs and the dispute between the applicant and the department […]

Scrutiny of Returns in GST

April 26, 2022 33744 Views 0 comment Print

Section 61 of the CGST Act, 2017, empowers the proper officer to scrutinize a return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, and seek his explanation thereto.

Unilateral Deposit Not Create Any Rights in Land if no Allotment letter issued

April 26, 2022 1929 Views 0 comment Print

High Court finds that merely by depositing amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment in its favour.

Sec 138 NI Act – blanket exemption from personal appearance cannot be granted

April 26, 2022 6855 Views 0 comment Print

Mahesh Kumar Kejriwal Vs Bhanuj Jindal (Supreme Court of India) Learned counsel for the petitioner has attempted his best to persuade us to interfere with the orders impugned, whereby the petitioners’ prayer for exemption altogether from appearance in the case pertaining to the offence under Section 138 of the Negotiable Instruments Act, 1881 has not […]

Section 270AA immunity cannot be availed in case of misreporting of income

April 26, 2022 6378 Views 0 comment Print

Ultimate Infratech Private Limited Vs National Faceless Assessment Centre Delhi & Anr. (Delhi High Court) 1. Only in cases where proceedings for levy of penalty have been initiated on account of alleged misreporting of income that an assessee is prohibited from applying and availing the benefit of immunity from penalty and prosecution under Section 270AA. […]

Income Tax Proceedings based on documents found by DGCEI during search not sustainable if CESTAT treat such document as DUMB documents

April 26, 2022 1290 Views 0 comment Print

Rajesh Sajjanraj Bafna Vs DCIT (ITAT Ahmedabad) Income Tax Proceedings based on documents found by DGCEI during search not sustainable if CESTAT treat such document as DUMB documents At this stage, it is also imperative to remind that the proceedings under the service tax and the income tax are distinct and independent to each other. […]

Owner can seek redemption of confiscated goods/conveyances even after confiscation order

April 25, 2022 3030 Views 0 comment Print

Shel Singh Purohit Vs Commercial Taxes Officer (Karnataka High Court) The text of provision of Sec. 129 of the Act provides for detention of the goods along with the transport vehicle and Sec.130 provides for the confiscation of the same on certain grounds, as contended by learned AGA is true; however, sub-section (2) of Sec. […]

SOP for filing cases arising from Regulatory functions of MahaRERA

April 25, 2022 1593 Views 0 comment Print

MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Order No. 29/2022 Date 25/04/2022 No. MahaRERA/Secy/File No.27/ 108 /2022 Sub: – Standard Operating Procedure for filing cases arising from Regulatory functions of MahaRERA Whereas, Government of India has enacted the Real Estate (Regulation and Development) Act, 2016 (the Act) and all sections of the Act have come into force […]

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