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Archive: 05 September 2022

Posts in 05 September 2022

State cannot act arbitrarily while considering claim of citizens for grant of State largesse

September 5, 2022 825 Views 0 comment Print

Ours being a Welfare State, the respondents who happen to be instrumentalities of the State under Article 12, cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse.

No penalty on clearing agent for mere introducing actual importer with IEC holder

September 5, 2022 672 Views 0 comment Print

Girish Kumar Singh Vs Commissioner of Customs (CESTAT Delhi) On facts, the role of appellant was only to arrange meeting between Devi Das and Habib-uz-Zaman and the appellant neither filed the bill of entry or was involved in clearance of goods. Any action on the part of appellant much before the import of goods could […]

Drawer Liable even if Cheque details were filled up by Someone else

September 5, 2022 6504 Views 0 comment Print

A drawer who signs a cheque and hands it over to the payee, is presumed to be liable unless the drawer adduces evidence to rebut the presumption that the cheque has been issued towards payment of a debt or in discharge of a liability. The presumption arises under Section 139.

Section 143(1) order is not an Assessment for Section 147

September 5, 2022 3168 Views 0 comment Print

Ernst And Young U.S. LLP Vs ACIT (Delhi High Court) Supreme Court and this Court have repeatedly held that when the original proceeding has been completed under Section 143(1), there is no need for fresh tangible material for reopening the assessment and the doctrine of change of opinion does not arise since under Section 143(1) […]

SCN cannot be issued after expiry of period to maintain records

September 5, 2022 1914 Views 0 comment Print

Union of India Vs Citi Bank, N.A. (Supreme Court) It is a settled proposition of law that when the proceedings are required to be initiated within a particular period provided under the Statute, the same are required to be initiated within the said period. However, where no such period has been provided in the Statute, […]

No Bar on CENVAT Credit availment Under Rule 3(7) When CVD Availed

September 5, 2022 840 Views 0 comment Print

Taking into consideration Notification No. 12/2012-Cus there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied.

Safeguards and Guidelines for Avoiding Arrest under GST

September 5, 2022 2055 Views 0 comment Print

Avoid arrest under GST with these safeguards and guidelines. Understand the consequences, fines, and penalties for non-compliance.

Procedure For Conversion of Loan Into Equity under Companies Act 2013

September 5, 2022 50868 Views 1 comment Print

Discover the procedure for converting loans into equity under the Companies Act 2013. Learn how this process can improve your company’s balance sheet and increase shareholder funds.

Changes to keep in mind while filing GSTR-3B from Aug-22 onwards

September 5, 2022 8916 Views 2 comments Print

Stay updated with the changes to keep in mind while filing GSTR-3B from Aug-22 onwards. Learn about the revised reporting requirements for ITC availed and reversal.

Cash transaction and its Income Tax implications

September 5, 2022 12870 Views 0 comment Print

According to section 40A(3) of the Income Tax Act, if payment for any expenditure exceeding Rs.10,000 is made in cash in a day, then the expenditure will be disallowed under the Income Tax Act.

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