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Archive: 04 August 2022

Posts in 04 August 2022

ICAI removes name of 4 members for Professional Misconduct

August 4, 2022 1605 Views 0 comment Print

ICAI vide Notifications dated 4th August, 2022 notified removal of name of 4 Chartered Accountants from the Register of Members for a period ranging from 15 days to 5 years. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (Set up by an Act of Parliament) NOTIFICATION New Delhi, the 4th August, 2022 (CHARTERED ACCOUNTANTS) F. No. […]

Tax not payable on IT support service as Fees for Technical service

August 4, 2022 1887 Views 0 comment Print

Held that receipt of IT support service doesnt become FTS as assessee did not make available any technical knowhow, experience or skill to its customers. The same is not chargeable to tax

Allegation of amount collected as service tax should be supported by corroborative evidence

August 4, 2022 1380 Views 0 comment Print

Held that revenue alleged that the assessee has collected service tax payment. However, revenue failed to support the allegation with any corroborative evidence. Demand of service tax unsustainable

Cenvat credit is eligible in respect of 2% CVD paid under notification no. 12/2012-Cus

August 4, 2022 978 Views 0 comment Print

Commissioner of Central Excise And Customs, Central Goods And Service Tax Vs Shree Cement Ltd (CESTAT Delhi) Held that cenvat credit of 2% CVD paid under Notification No. 12/2012-Cus dated 17/03/2012 is eligible to the appellant. Facts- The issue involved in these Appeals is whether Cenvat credit of 2% CVD paid on import of steam […]

Income Tax dues falls within the definition of operational debts

August 4, 2022 843 Views 0 comment Print

ACIT Vs Monnet Ispat & Energy Ltd (ITAT Delhi) As per section 5 (21) of the IBC the dues to the Central Government also fall within the definition of operational debts and in terms of resolution plan as approved by the NCLT of the claims or demands or liabilities or obligations owned or payable to […]

Section 271AAB penalty not imposable if no Search Conducted on Assessee

August 4, 2022 696 Views 0 comment Print

A perusal of Section 271AAB would reveal that it is applicable where search has been initiated under section 132 of Income Tax Act

Income Tax Claims not part of Resolution Plan stands extinguished on Approval of Resolution Plan

August 4, 2022 531 Views 0 comment Print

On approval of resolution plan by all claims of Income Tax, which are not a part of resolution plan, shall stand extinguished

Arbitration cannot be referred on impossibility of a party to fulfil obligations under agreement

August 4, 2022 684 Views 0 comment Print

Court is of the view that it was an impossible situation for the respondents to have paid the lease rentals timely, particularly during the period covered by the claim of the applicants. In the circumstances, the present is not a fit case where the parties should be referred to arbitration

GST registration cannot be rejected by cryptic & non-speaking order

August 4, 2022 1758 Views 0 comment Print

B.C.Mohankumar Vs Superintendent of Central Goods & Service Tax (Madras High Court) Order for non-granting GST registration must be a speaking order The Hon’ble Madras High Court in the matter of M/s B.C. Mohan Kumar v Superintendent of Central Goods & Service Tax [W.P. No. 13272 and WMP. Nos. 12569 & 12571 dated June 16, […]

Section 148 | Writ Court Cannot Interfere at Notice stage if AO followed due procedures

August 4, 2022 2880 Views 0 comment Print

Midland Microfin Ltd. Vs Union of India and others (Punjab and Haryana High Court) Whether at this stage of notice under Section 148, writ Court should venture into the merits of the controversy when AO is yet to frame assessment/reassemment in discharge of statutory duty casted upon him under Section 147 of the Act Admittedly […]

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