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Archive: 13 September 2022

Posts in 13 September 2022

Short Brief of Loan Guarantee

September 13, 2022 648 Views 0 comment Print

Discover the essence of Loan Guarantee, a legal commitment by a third party to cover a borrower’s debt in case of default. Explore the advantages, including increased approval chances and the potential to borrow more, especially beneficial for those with poor credit. Learn about the types of Loan Guarantees – Personal Guarantee, Bank Guarantee, and Financial Guarantee – each offering unique benefits.

Order passed u/s 16 is challengeable u/s 34 of Arbitration & Conciliation Act,1996

September 13, 2022 1617 Views 0 comment Print

HC Held that order passed under section 16 of Arbitration and Conciliation Act, 1996 can be challenged under section 34 of Arbitration and Conciliation Act, 1996

General understanding & requirements of NBFC before carrying on NBFC business

September 13, 2022 12009 Views 1 comment Print

Explore the general understanding and requirements of Non-Banking Financial Companies (NBFCs) before engaging in business. Learn about the definition and categories of NBFCs, including the criteria for registration and exemptions. Understand the regulations applicable to different types of NBFCs, along with the responsibilities and compliance requirements for deposit-taking and non-deposit taking NBFCs. Differentiate NBFCs from banks and grasp the importance of various prudential regulations.

Section 8 of Arbitration and Conciliation Act, 1996 is an exception to Section 42

September 13, 2022 918 Views 0 comment Print

Held that section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42. However, if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy.

Representation by domestic industries binds Govt to disclose reasons for not Imposing Anti Dumping Duty

September 13, 2022 1269 Views 0 comment Print

Where the Central Government formed a prima facie opinion that the final findings of the designated authority recommending imposition of anti-dumping duty were not required to be accepted then tentative reasons had to be recorded and conveyed to the domestic industry so as to give an opportunity to the domestic industry to submit a representation by following the principles of natural justice.

Bank attachment notice in GST DRC-13 without notice & opportunity of hearing is untenable

September 13, 2022 11307 Views 0 comment Print

Held that in absence of proper show cause notice u/s. 73 (1) of the JGST Act and proper opportunity of hearing, issuance of the bank attachment notice contained in GST DRC-13 u/s. 79(1)(c) is untenable in law

Applicant subjected to enqiry/ investigation/ audit not eligible under SVDRS scheme

September 13, 2022 327 Views 0 comment Print

Held that applicant, subjected to any enquiry or investigation or audit, is not eligible to make a declaration under ‘Voluntary Disclosure’ under SVLDRS Scheme

Disallowance u/s 40(a)(i)/ 40(a)(ia) unsustainable as amount not claimed as revenue expenditure

September 13, 2022 2100 Views 0 comment Print

Held that disallowance by invoking provisions of section 40(a)(i)/ 40(a)(ia) unsustainable as the alleged amount is not debited to the profit and loss account and accordingly not claimed as deduction under profits and gains of business or profession

Section 69A Addition unsustainable as cash withdrawn was more than deposits due to demonetization

September 13, 2022 3639 Views 0 comment Print

Held that cash withdrawn by the assessee from the bank was much more than the amount deposited due to demonetization. Further, there is no findings by the authorities that this cash available with the assessee was invested or utilised for any other purpose. Hence, addition u/s 69A unsustainable

No further extension of Maharashtra Amnesty Scheme 2022

September 13, 2022 24720 Views 3 comments Print

office of the Jt. Commissioner of State Tax. (HQ-1) F-Wing, 7th floor, New bldg, GST Bhavan, Mazgaon, Mumbai-400010. Tel No. 022 23760916/23760757 e-mail-jeshqlmumbai@gmail.com To, The President, The Goods and Services Tax Practitioners’ Association of Maharashtra, 8 & 9 Mazgaon Tower. 21 Mhatar Pakhadi Road, Mazgaon, Mumbai-400 010 No. DC (A&R)3/VAT/MMh-2022/Sub file-25/Adm-8/B-210 Mumbai, Date: 12-09-2022 Sub:- […]

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