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Archive: August, 2022

Posts in August, 2022

No error by NCLT in refusing to initiate CIRP on suspicious debt: NCLAT

August 20, 2022 804 Views 0 comment Print

Zoom Communications Pvt. Ltd Vs Par Excellence Real Estate Pvt. Ltd (NCLAT Delhi) NCLAT in the present case are considering the initiation of the CIRP, the Adjudicating Authority had sufficient reason to believe that debt itself is doubtful. No error has been committed by the Adjudicating Authority in refusing to initiate the CIRP on such suspicious […]

GST Registration can’t be Cancelled on Mere Whims & Fancies of Proper Officer

August 20, 2022 12549 Views 0 comment Print

GST registration cannot be cancelled on mere whims and fancies of Proper Officer. It may be cancelled under section 29(2) of CGST Act 2017

Mismatch in Form 26AS & ST-3: No short payment if service tax was paid in next financial year

August 20, 2022 1461 Views 0 comment Print

CESTAT held that there is no case of short payment of service tax as the appellant has paid the service tax in the next financial year.

HC imposes Rs. 10 Lakhs Cost on NGO for Blackmailing Citizens via PIL

August 20, 2022 11817 Views 0 comment Print

It is very unfortunate that the noble forum of PIL is now being used for blackmailing the citizens. This is not a PIL at all. It is, in fact, a litigation based upon certain photographs resulting in blackmailing type of litigation.

Charitable Trust Registration – CIT cannot amend Section 12A Provisions

August 20, 2022 2478 Views 0 comment Print

Section 12A provision govern cancellation of Charitable Trust Registration, and these provisions can neither be diluted or supplemented by CIT

Section 271(1)(c) penalty cannot be imposed instead of Section 271AAA

August 20, 2022 1263 Views 0 comment Print

Section 271AAA seeks to impose penalty where undisclosed income is detected during the course of search initiated under Section 132 of the Act on or after 01.06.2007 which condition has been fulfilled

Tax demand Relating to issues already decided in Assessee’s Favour cannot be recovered

August 20, 2022 1386 Views 0 comment Print

Court have categorically held that recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.

Refund Claim debit against Credit before Adjudication is Sufficient Compliance

August 20, 2022 837 Views 0 comment Print

CESTAT held that debit of amount of refund claim in cenvat credit account suo moto before adjudication, is sufficient compliance of Condition No. 2(h) of Notification No. 27/2012-CE

State not Obliged to indicate HSN Code & GST Rates in Public Tender: SC

August 20, 2022 1425 Views 0 comment Print

Union of India & Others Vs Bharat Forge Ltd. (Supreme Court) It is contended by the appellants that as far as the tenders relied upon by the writ petitioner produced in the counter affidavit as having been brought out wherein the HSN code is indicated, they are tenders issued by the other units of the […]

Seizure of Mobile Phone whether Legal- Right To Privacy- Paradigm Change- Safeguard for Taxpayers during Search & Seizure

August 20, 2022 22724 Views 0 comment Print

Learn about the legality of seizing mobile phones during search and seizure operations. Explore the right to privacy and the safeguards available for taxpayers.

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