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Archive: 10 September 2022

Posts in 10 September 2022

ITAT upheld disallowance at the rate of 12.5% of bogus purchases

September 10, 2022 3246 Views 0 comment Print

Opel paper Mills Limited Vs DCIT (ITAT Mumbai) The learned CIT appeal noted that the major items of the expenditure is a purchase of paper from the sister company specialty papers Ltd amounting to ₹ 888,827,942/–. These transactions were doubted by the learned assessing officer during the remand proceedings as the purchases are transacted only […]

GST AAAR not empowered to condone the delay beyond the prescribed period

September 10, 2022 6756 Views 0 comment Print

In re Sairam Gopalkrishna Bhat (GST AAAR Karnataka) The proviso to Section 100(2) empowers this Authority to condone a further delay of 30 days if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal within the prescribed period of 30 days. This grace period which is available to the […]

Clandestine clearance of goods is a serious charge & cannot be made on presumptions

September 10, 2022 1872 Views 1 comment Print

It is a settled legal position that charge of clandestine clearance of goods is a serious charge & cannot be made on presumptions & assumptions

NCLAT condone 197 Days Delay in refiling Subject to Cost of Rs.10,000

September 10, 2022 1572 Views 0 comment Print

Dinesh Mehta Vs Amit Kumar Mehta (NCLAT Delhi) This Appeal has been filed with 197 days delay in refiling the Appeal. Learned counsel for the Appellant submits that a document was to be filed alongwith the Appeal which has foreign origin – Sharjah, United Arab Emirates. He submits that time was taken to obtain translated […]

Initial Phase Social Stock Exchange – Framework So Far: Part 2

September 10, 2022 768 Views 0 comment Print

Explore the regulatory landscape of Social Stock Exchange (SSE) through SEBI’s amendments in the Listing Obligations and Disclosure Requirements. Delve into the framework, including materiality disclosures, event reporting, annual impact reports, and the roles of Social Auditors and Social Audit Firms. Stay updated on the evolving Initial Phase of SSE in this insightful Part 2 analysis.

Rule 12 of CA rules not debar Director of Discipline from entertaining 7 year old complaint

September 10, 2022 3201 Views 0 comment Print

Held that rule 12 Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 does not expressly debar the Director Discipline from entertaining a complaint merely because it may relate to acts of misconduct committed seven years prior to the same being lodged.

HC directs dept to revoke suspension of GST registration cancellation

September 10, 2022 2262 Views 0 comment Print

Bisweswar Midhya Vs Superintendent (Calcutta High Court) The Hon’ble Calcutta High Court in Bisweswar Midhya v. The Superintendent, CGST [MAT No. 1376 of 2022 with IA No. CAN 1 of 2022 dated September 01, 2022] disposed off the writ petition directing the assessing authority to forthwith revoke the suspension of the assessee’s registration. Further directed […]

Remedy for Claiming Condonation of delay in ITR Filing Lies with CBDT

September 10, 2022 3207 Views 0 comment Print

Sudipta Basu Vs ITO (Delhi High Court) Delhi High Court is of the view that Section 119(2)(b) of the Act read with CBDT Circular No. 9/2015 provides a remedy to the Assessees to seek condonation of delay, in cases where Assessee could not file their income tax returns within time due to genuine hardship. Consequently, […]

No Absolute Confiscation or Re-Export of Goods cleared for Domestic Consumption

September 10, 2022 606 Views 0 comment Print

Commissioner of Customs (Imports) Vs Pankaj Electronics (CESTAT Chennai) Once the goods have been released after inspection by authorized Chartered Engineer, as has been noted by the Hon’ble High Court, there cannot be any contrary view possible in the present appeal. Ten years down the time line after release of the goods per direction of […]

HC Imposes Cost of Rs. 25,000 on petitioner for misuse of law by filing review petition

September 10, 2022 1509 Views 0 comment Print

Elora Tobacco Company Limited Vs Union of India of Indirect Taxes (Madhya Pradesh High Court) The present review petition is nothing but a misuse of the process of law and wasting valuable time of the court with the intention to take one more chance instead of approaching the Supreme Court of India. Hence, the review […]

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