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Archive: 26 August 2022

Posts in 26 August 2022

GST on Renting Of Immovable Property – Recent Amendments

August 26, 2022 43590 Views 3 comments Print

Renting of Commercial property: This service has always been taxable under forward charge meaning thereby Supplier of Service ( i.e. Landlord) has to charge GST on amount of rent

Input Tax Credit under GST Law – Relevant Provisions

August 26, 2022 4026 Views 0 comment Print

Understand the obstacles in availing Input Tax Credit under GST Law. Dive into the relevant provisions and definitions to gain clarity.

Physical Verification of Registered Office By Registrar

August 26, 2022 3225 Views 0 comment Print

Understand the new rules for physical verification of the registered office of a company by the Registrar. Learn about the powers and requirements for this process.

Pareena Infrastructure Pvt. Ltd. guilty of Profiteering: NAA

August 26, 2022 1086 Views 0 comment Print

Saurabh Kumar Vs Pareena Infrastructure Pvt. Ltd. (NAA) Applicant alleged that the Respondent had not passed on the benefit or Input Tax Credit (ITC) to him by way of commensurate reduction in the price of flat in respect of purchase of flat in project “Laxmi Apartment” Sector-99A, Dwarka Expressway, Gurugram, Haryana. It is clear from […]

Appeal not maintainable on Failure of Resolution Professional to Amend Form No. 36A

August 26, 2022 372 Views 0 comment Print

DCIT Vs Housing Development & Infrastructure Ltd (ITAT Mumbai) Coordinate bench in the case of in the case of Orbit Corp Ltd. in ITA No. 2979 to 2981 /Mum/2020 , has held that the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which appeals were […]

Sections 2(22)(e) not applies to loans from sister concern on commercial basis

August 26, 2022 1656 Views 0 comment Print

Assessee firm has obtained loans from the sister concern on commercial basis. On facts it has emerged that the lender company has charged interest on advances made to assessee firm. The assessee has taken plea that the advances made by the lender company to the borrower assessee firm is not a loan/advance but is beset with the character of quid pro quo owing to charge of interest for the benefit of lender company.

Income Tax Appeal not Maintainable during IBC Proceedings

August 26, 2022 1008 Views 0 comment Print

Gayatri Projects Limited Vs DCIT (ITAT Hyderabad) A reading of provisions under section 13 and 14 of IBC Code along with decision in Ghanashyam Mishra And Sons, clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of the pending proceedings […]

Factum of actual payment of price in terms of addendum cannot be ignored while determining value of vessel

August 26, 2022 327 Views 0 comment Print

Diamond Industries (SBD) Vs Commissioner of Customs (CESTAT Ahmedabad) CESTAT find that the controversy at hand narrows down to the question whether the transaction value of the vessel is to be price mentioned in the original MOA or the reduced price indicated in the addendum. We are of the opinion that in light of the […]

Summons have to be issued as a last resort

August 26, 2022 1044 Views 0 comment Print

Eversub India Private limited Vs Union of India & Ors. (Delhi High Court) Summons under  circulars dated 23.12.2019, 26.02.2007 and 20.01.2015, and the guidelines incorporated in the circular dated 05.11.2019 have to be issued as a last resort; the contention being that if information can be obtained from officers working for an entity, then the top […]

B&D spares of Interceptor Boats to Cost Guard eligible for exemption Notification No. 12/2012-Cust

August 26, 2022 843 Views 0 comment Print

issue involved in present case is that whether appellant’s goods imported and supplied as a B&D spares of Interceptor Boats to Cost Guard, Government of India is eligible for exemption Notification No. 12/2012-Cust (Sr. No. 460 or 469A).

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