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Archive: 24 May 2022

Posts in 24 May 2022

States dues for tax has no preference over dues of other secured creditors

May 24, 2022 1377 Views 0 comment Print

This Court finds that the claim/dues of the creditors are required to be settled by the OL in the manner and priority, as prescribed under the Act of 1956. The State dues, in no way, can have preference over the dues/claims of the workmen and other secured creditors.

Initiation of reassessment, based on wrong assumption of facts, is bad in law

May 24, 2022 1605 Views 0 comment Print

Reopening is on the wrong assumption of facts and the information received from another assessing officer would not by itself be the basis to have a belief that the income has escaped assessment. Accordingly, we find the reassessment is bad in law and quash the assessment order passed u/s 143(3) r.w.s 147 of the Act.

Availability of tangible material is pre-conditional for reopening of assessment

May 24, 2022 948 Views 0 comment Print

Valco Industries Ltd Vs ACIT (ITAT Chandigarh) Facts- The assessee originally filed return declaring total income of Rs.4,83,83,620/- on 28.09.2012 after claiming deduction of Rs.5,75,64,789/- u/s 80IC of the Act. The assessment was completed u/s 143(3) of the Act on 27.03.2015 at an income of Rs.8,07,03,620/- after making an addition of Rs.3,23,20,000/- on account of […]

Nature of resolution plan under IBC 2016: A Contract or An instrument with statutory force?

May 24, 2022 1800 Views 0 comment Print

Resolution plans, owing to their functional character have always been associated with their operational element, i.e. insolvency resolution of the corporate debtors.

Startups Benefits

May 24, 2022 2562 Views 0 comment Print

Discover the benefits of starting your own business in India through the Startup India initiative. Learn how to avail the benefits and catalyze the startup culture.

Limited Liability Partnership (LLP) Filings Due date FY 2021-22

May 24, 2022 22236 Views 1 comment Print

Ensure compliance with Limited Liability Partnership (LLP) filings for FY 2021-22. Learn about the due dates for Form 11, Form 8, and DPIN KYC.

A Practical Guide to Convert Loan into Shares

May 24, 2022 28539 Views 5 comments Print

A practical guide to converting loans into shares. Learn how companies can avoid consequences of loan failure with this innovative approach.

Prohibition on export of wheat – RAs to manually sign Registration Certificate

May 24, 2022 492 Views 0 comment Print

In order to prevent any misuse of the digitally signed copies of the Registration Certificate manually signed and stamped physical copies of the Registration Certificate. Such RCs will be presented to concerned Customs authorities for facilitating exports of Wheat as mentioned in it.

GST payable on Sale of second hand or used Paintings

May 24, 2022 3252 Views 0 comment Print

In re Saffron Art Private Limited (GST AAR Maharashtra) Question 1:- Classification of second hand or used ‘Paintings’ [Section 97(2) (a)] Answer: – The ‘Paintings are classifiable under Heading 9701 of the GST Tariff. Question 2:- Whether for determination of the liability to pay tax on the sale of second hand or used ‘Paintings’, the applicant can apply […]

AAR Maharashtra allows Withdrawal of application by Citi Buildcon Pvt Ltd

May 24, 2022 696 Views 0 comment Print

In re Citi Buildcon Private Limited (GST AAR Maharashtra) The present application has been filed under Section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as ‘the CGST Act and MGST Act’ respectively] by M/s. Citi Buildcon Private Limited, the applicant, […]

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