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Archive: 15 October 2022

Posts in 15 October 2022

Latest Changes in GST and Amendments till September 2022

October 15, 2022 27117 Views 2 comments Print

Stay updated on the latest GST changes and amendments till September 2022. Explore conditions for ITC in GSTR-2B, time limits for credit notes, and ITC availing modifications.

Implication of Transfer of Unquoated Shares for a consideration lower than Fair Market Value

October 15, 2022 39216 Views 0 comment Print

Transaction of sale of Unquoted equity shares will result in double taxability of difference between the FMV and transaction Value once in the hands of the Seller under Section 50CA under the Head Capital gain and again in the hands of the Buyer under Section 56(2) (x) under the head Income from Other Sources

Pre-deposit directed to be made for saving premises from getting sealed by Authorities: Madras HC

October 15, 2022 1116 Views 0 comment Print

In present facts of the case, the Honble Madras High Court while disposing of the writ petition observed that the petitioner have alternative remedy to file appeal and have also directed to deposit Rs. 25,00,000/- for saving the premises from getting sealed by authorities.

Use of ‘RANJIPAAN’ is infringement of Trademark RAJNIGANDHA: HC

October 15, 2022 2916 Views 0 comment Print

Delhi High Court held that based on principle of initial interest confusion trademark infringement proved for using RAJNIPAAN, similar to take to well-known trademark RANJIGANDHA, even though no actual sale is finally created as a result of the confusion.

Refusal of assessee to take notice is a good service of notice

October 15, 2022 1773 Views 0 comment Print

ITAT Delhi as regards contention of notice not properly serviced held that as per postal authorities explanation the assessee has refused to take notice and such refusal to take a notice is a good service.

Loading and unloading covered as GTA and not Cargo Handling Services

October 15, 2022 5964 Views 0 comment Print

CESTAT Kolkata held that the activity of loading and unloading of goods was instantly for transportation and therefore said services were classified as Goods Transport Agency and not Cargo Handling Services accordingly exempted under notification no. 17/2009.

Pre-Notice Consultation mandatory under Section 28 of the Customs Act: Delhi HC

October 15, 2022 8166 Views 0 comment Print

In present facts of the case, the Honble Delhi High Court held that the pre-show cause notice consultation is mandatory under Section 28 of the Customs Act, 1962

Section-wise Analysis GST Amendments (Finance Act 2022)

October 15, 2022 20352 Views 2 comments Print

This is a new condition which is to be satisfied for availment of input tax credit. In GSTR-2B, if the ITC appears in Restricted category, the same cannot be availed by the registered person. Cases where the ITC can be restricted under GSTR-2B has been discussed in Section 104 below.

Order passed u/s 11 of Arbitration and Conciliation Act, 1996 cannot be reviewed

October 15, 2022 1242 Views 0 comment Print

Held that there is no provision in the Arbitration and Conciliation Act, 1996, providing for a review of an order passed under Section 11 of the Act.

Health & Education Cess not allowed as business expenditure – Section 37?

October 15, 2022 6279 Views 0 comment Print

Explore the impact of Finance Act 2022 on Health and Education Cess in business expenditure. Insights on legal provisions, deductibility under Section 37, and retrospective applicability.

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