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Archive: April, 2022

Posts in April, 2022

Revocation of cancellation of GST registration – Cancelled due to non-filing of Returns

April 19, 2022 4707 Views 0 comment Print

Tahura Enterprise Vs Union of India (Gujarat High Court) HC take notice of the fact that the Central Board of Indirect Taxes and Customs extended the time limit for filing application for revocation of cancellation of registration and the limitation for all the orders passed on or before 12.06.2020 was to effectively commence from 31.08.2020. […]

Remedy available to home buyers in Consumer Protection & RERA Act in case of delayed possession

April 19, 2022 12492 Views 0 comment Print

Where there was delay in handing over possession to homebuyers, there was remedy available to the Consumer under Consumer Protection Act and Real Estate Regular Act which run parallel side by side. Moreover, one sided clauses in Agreement amounted to unfair trade practice and could not govern the refund mechanism therefore, refund was allowable to assessee with 9% interest from the date of deposit allowed.

Guidelines for Members of CMA Institute on Responding to any Tender

April 19, 2022 1008 Views 0 comment Print

A member of the Institute of Cost Accountants of India in practice shall not respond to any tender issued by an organization or user of professional services in areas of services such as audit and attestation services which are exclusively reserved for Cost Accountants by a statute.

CBDT designates Special Court in Kerala under Black Money Act

April 19, 2022 801 Views 0 comment Print

Vide Notification No. 34/2022-Income Tax, Dated: 19.04.2022 CBDT designates Court in the State of Kerala as the Special Court for the purposes of section 280A(1) of  Income-tax Act, 1961 and section 84 of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF […]

Income Tax Reassessment against Non-Existing Entity is void ab-initio’

April 19, 2022 2790 Views 0 comment Print

We have no hesitation in holding that Ld. AO was not within his jurisdiction to frame the reassessment in the name of non-existing entity and such reassessment order dated 10.03.2014 is nullity and not sustainable in the eye of law

CBDT designates Court in Uttar Pradesh for Black Money Act

April 19, 2022 1029 Views 0 comment Print

Vide Notification No. 32/2022-Income Tax, Dated: 19.04.2022 CBDT designates Court in the State of Uttar Pradesh as the Special Court for the purposes of section 280A(1) of  Income-tax Act, 1961 and section 84 of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD […]

Service Tax Collected but not paid to Government disallowable under section 43B

April 19, 2022 4449 Views 0 comment Print

If the assessee actually received service Tax from its customers and kept it without depositing the same within due date of filing of return of income u/s.139(1) of the Act, then only the AO has to invoke the provisions of Section 43B and bring that amount to tax.

Services to Foreign client in India not amounts to intermediary service if not related to import or sale of goods

April 19, 2022 2127 Views 0 comment Print

Raaga Associates Pvt Ltd Vs Commissioner of CE & ST (CESTAT Chandigarh) The appellant has entered into contact with Syntech (HK) Technology Ltd. Hongkong (STLH) in order to short list states for launching Gionee mobile phones and make arrangement for advertisement for this. Further, the appellant undertook to set up STLH office in India, to […]

HC Quashes non-speaking orders under GST in Form GST-DRC-07

April 19, 2022 5280 Views 0 comment Print

HC set aside the demand order passed in Form DRC-07 by the Revenue Department, on the grounds of non-speaking order. All the relevant aspects of the matter were not considered and were not reflected in order.

Transfer Pricing adjustment should be restricted to AE transactions: ITAT

April 19, 2022 5892 Views 0 comment Print

Tokai Rika Minda India Private Limited Vs DCIT (ITAT Bangalore) On the issue of Transfer Pricing (TP) adjustment to be restricted to AE transactions, we find that the Assessee has rightly contended that section 92 of the Act can be applied only in respect of international transactions i.e., transactions with AE. The ITAT in the […]

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