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Archive: April, 2022

Posts in April, 2022

Transfer of business by way of merger of two GST registrations amounts to Supply

April 24, 2022 4401 Views 0 comment Print

In re Crystal Crop Protection Limited (GST AAR Maharashtra) Question 1: – Whether the transaction of transfer of business by way of merger of two GST registrations/ distinct persons would constitute ‘supply’ under the GST law? Answer: – Answered in the affirmative. Question 2: – Whether the transaction of transfer of business by way of merger of two […]

ITAT allows TDS Credit on interest Income of deceased father to Assessee

April 24, 2022 6141 Views 0 comment Print

Ld. CIT(A) also failed to consider that as per section 159 of the Act, the legal heir is supposed to file the return of income. The assessee is the only legal heir of his deceased father and his mother is also pre-deceased her husband.

Benefit under a conditional notification cannot be extended in case of non-fulfillment of conditions

April 24, 2022 4677 Views 0 comment Print

In re Time Technoplast Ltd (GST AAAR Karnataka) It is a settled issue that benefit under a conditional notification cannot be extended in case of non-fulfillment of conditions and/or non-compliance of procedure prescribed therein. The basic rule in interpretation of any statutory provision is that the plain words of the statute must be given effect […]

AAR cannot give ruling on classification of service supplied by third party who is not applicant: AAAR

April 24, 2022 1323 Views 0 comment Print

In re Workplace Options India Pvt Ltd (GST AAAR Karnataka) The Appellant has argued before us that determination of liability to pay tax on any goods or services is a matter which is well within the ambit of an advance ruling and if the said determination involves examining the place of supply, then the same […]

More than 99 lakh APY accounts enrolled during FY 2021-22

April 24, 2022 702 Views 0 comment Print

The total enrollments under APY Scheme have crossed 4.01 crore as on March 2022 out of which more than 99 lakh APY accounts were opened during FY 2021-22. The scheme had seen this tremendous success due to the active participation of all categories of Banks. Around 71% of the enrolments done by Public-sector banks, 19% by Regional Rural Banks, 6% by Private Sector Banks, 3% by Payment and Small Finance Banks.

Non-trading association running on mutual concept eligible to claim expenses against interest income

April 24, 2022 1182 Views 1 comment Print

Dhananjay Satellite Members Association Vs ITO (ITAT Ahmedabad) We note that assessee is registered as a non-trading organization, and the registration certificate is placed at page nos. 1, 2 and 3 of the assessee`s paper book. The assessee submitted before us, memorandum of association of the trust, which is placed at page no.4 to 20 […]

HC allows Eligible input tax credit by modifying Form TRAN-1

April 23, 2022 5394 Views 0 comment Print

This court, in the case of Heritage Lifestyles and Developers and Private Limited, a perusal of the said judgment indicates that the petitioner in that case was allowed to make such claim if the petitioner was otherwise eligible for credit of the amount. Considering those facts, this Court in the said judgment directed the respondents to accept the TRAN-1 filed by the petitioner and to give the due of input tax credit in the electronic credit ledger/input tax credit of the petitioner within two weeks from the date of the order.

Owner, in his will, is entitled to give his property in favour of strangers

April 23, 2022 5694 Views 0 comment Print

Trial Court and the first appellate Court concluded that the Will was true and valid and that there were no suspicious circumstances. Held that the absolute owner of a property is entitled even to bequeath his properties in favour of strangers.

Cases in which Income Tax Return is Mandatory

April 23, 2022 11526 Views 0 comment Print

Learn about the criteria for mandatory income tax return filing in India. Find out if you meet the thresholds set by the Income Tax department.

ITAT allows exemption for donation to foreign universities by Tata Trust

April 23, 2022 2913 Views 0 comment Print

Mumbai Tribunal deprecates Tax Authority’s action in disallowing claim for application of income by way of donation to foreign universities approved by the CBDT.

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