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Archive: 21 July 2022

Posts in 21 July 2022

Duty equal to cenvat credit availed not payable on capital goods cleared after put to use

July 21, 2022 1566 Views 0 comment Print

Held that the machines which are cleared after utilization cannot be treated as machines cleared as such. Accordingly, duty equal to cenvat credit not payable as prescribed under rule 3(5) of CCR, 2004

Pending government dues cannot be recovered from property leased to assessee

July 21, 2022 1863 Views 0 comment Print

Held that it is settled that the government dues against the assessee cannot be recovered from the owner of the property which was leased out to the assessee against whom the dues are pending

Unregistered Satakat not supported by other evidence doesn’t possess evidentiary value

July 21, 2022 2088 Views 0 comment Print

Held that no part consideration of acquisition of asset/property was paid on alleged execution of possession-cum-Satakat and there is no other corroborative evidence to substantiate the claim of assessee. Capital gain treated as STCG instead of LTCG.

Penalty cannot be levied on charges not forming part of penalty proceeding initiation 

July 21, 2022 687 Views 0 comment Print

It is settled position of law that AO cannot levy penalty on charges different from the charges for which penalty proceedings were initiated

Duty demand due to clandestine removal doesn’t sustain in absence of independent & tangible evidence

July 21, 2022 2022 Views 0 comment Print

Held that the allegation of clandestine production and removal has to be established against any person by independent and tangible evidence. No demand exists in absence of such evidence.

CBDT condones delay in submitting Form 9A Form 10, Form No. 10B & 10BB

July 21, 2022 17040 Views 0 comment Print

Important update for taxpayers: CBDT allows condonation of delay in filing Form 9A, Form 10, Form No. 10B & 10BB for AY 2018-19 and subsequent years. Circulars No. 15, 16, and No. 17 dated 19th July 2022 provide details and conditions. Stay informed for smooth compliance.

Industrial Promotion Scheme Subsidy not to be reduced from cost of fixed assets for depreciation

July 21, 2022 6894 Views 0 comment Print

With the advent of Insolvency and Bankruptcy Code, 2016 (IBC), there has been a transformative turnaround in the corporate insolvency resolution framework in India. However, the IBC does not accommodate and provide for specific arrangements or contains any provision for group insolvency as the legislation itself is still evolving and is designed for a single economic entity.

Renting of Property Under GST

July 21, 2022 18528 Views 0 comment Print

Renting of an immovable property is considered a supply of service under GST as per schedule II of the CGST Act 2017. Till 17th July 2017, renting of residential dwelling for use as residence was exempted whereas services by way of renting for commercial use (SAC Code –997212) was taxable @ 18%. However, the dynamics of renting of residential property under GST has changed from 18th of July 2022.

ITR and ITR U Filing for AY 2022-23

July 21, 2022 16077 Views 2 comments Print

Explore ITR-U for corrections and updates in cases like unfiled returns, incorrect reporting, and more. Be aware of conditions where ITR-U cannot be filed. Pay attention to additional taxes and interest for timely compliance.

Some Litigatory issues resolved by CBIC under GST

July 21, 2022 3117 Views 0 comment Print

Resolution 1: No more refund rejection on ground that export of services by one establishment of a person in India to another establishment of the same person outside India, considered as establishments of distinct persons as per Explanation 1 of section 8 of IGST Act

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