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Archive: July, 2022

Posts in July, 2022

Section 263 revision without recording errors found in order is unsustainable

July 20, 2022 1050 Views 0 comment Print

Held that Commissioner should not simply relegate the point that the assessment order is erroneous to the AO. The Commissioner, after analyzing the record, ought to have recorded a categorical finding and provided valid reasons as to how the assessment order is erroneous. Revision unsustainable

Calcutta HC directs removal of Risky exporter tag and allows refund of duty drawback & IGST claim

July 20, 2022 3204 Views 0 comment Print

Nexage Innovations Vs Deputy Commissioner of Customs & ors. (Calcutta High Court) Calcutta High Court directs removal of Risky exporter tag and allows refund of duty drawback and IGST claim Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter M/s. Nexage Innovations Vs. The Deputy Commissioner of Customs & Ors M.A.T. 916 of […]

Calcutta HC quashes garnishee proceedings & original assessment order passed in violation of natural justice against which no appeal preferred

July 20, 2022 1233 Views 0 comment Print

Sailesh Chandra Dutta Vs Assistant Commissioner (Calcutta High Court) Calcutta High Court quashes garnishee proceedings and original assessment order passed in violation of natural justice against which no appeal preferred Hon’ble Division Bench of the Hon’ble Calcutta High Court in the matter Sailesh Chandra Dutta Vs. Assistant Commissioner, Raiganj Charge, Raiganj & Ors M.A.T. 1062 […]

Calcutta HC directs lifting of attachment of overdraft bank account & condones filing of appeal before wrong forum

July 20, 2022 1914 Views 0 comment Print

The attachment of the overdraft bank account was done by way of initiation of garnishee proceedings as a sequel to an order of assessment which had attained finality as the appeal against such assessment order was filed before the wrong forum and mandatory pre deposit for the purpose of filing of the appeal was also not made.

Calcutta HC allows transitional credit through monthly return Form GSTR-3B

July 20, 2022 1980 Views 0 comment Print

The common but most important feature in all these cases was that the entitlement of the writ petitioners to the input credit had crystallized. This crystallized right, which had ripened into the vested right, was being denied on account of procedural problem.

How does TDSMAN software make a difference in your TDS Compliance?

July 20, 2022 6039 Views 0 comment Print

With the ever-changing provisions in the TDS / TCS ecosystem of India, TDSMAN software has been serving its users for 17+ years with trust from its clients across Corporates, Professionals, SMEs, Government and PSUs.

Classification of Disc-Pads / Brake-Pads under GST

July 20, 2022 3123 Views 0 comment Print

The classification of disc-pads under GST Laws runs is contentious because it appears that disc-pads are covered by two distinct ITC HS Codes.

Surrogate Advertising: An evolving legal concern

July 20, 2022 4479 Views 0 comment Print

According to Section 6 of the code enacted by the Advertising Standards Council of India (ASCII), advertisements for products that are prohibited or subject to restrictions may not be reworded to make them appear to be advertisements for legal or permitted products.

Details of GST Compensation released to States/UTs for a period of 5 years

July 20, 2022 2166 Views 0 comment Print

GST compensation to States for loss of revenue arising on account of implementation of GST for a period of five years As per section 18 of the Constitution (One Hundred and First Amendment) Act, 2016, Parliament shall, by law, on the recommendation of the Goods and Services Tax Council, provide for compensation to the States […]

Focus Products Scheme Incentive is not liable to Income tax

July 20, 2022 2910 Views 0 comment Print

Focus Product Scheme (FPS) was first introduced with the objective to incentivize export of such products which have high export intensity/ employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

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