"29 October 2022" Archive

Place of GST Registration for Renting of Immovable Property

Recently, there have been multiple ambiguities and confusions amongst taxpayers on deciding the state or union territory in which GST registration has to be obtained by a taxable person for rendering services by way of renting of immovable property. In multiple cases, the immovable property which is rented out is located in one state and ...

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Complaint under Section 138 of Negotiable Instruments Act cannot be transferred as per convenience of accused: SC

S. Nalini Jayanthi Vs M. Ramasubba Reddy (Supreme Court of India)

Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per convenience of accused. However, as petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance....

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Dairy business cannot be construed as agricultural activity under Section 36 of the Income Tax Act: Gujarat HC

National Dairy Development Board Vs Addl. CIT (Gujarat High Court)

Gujarat High Court held that the activity of dairy business cannot be construed as agricultural activity under Section 36 of the Income Tax Act, 1961....

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GST refund- Export proof (shipping bills) cannot be made applicable to electricity

Sembcorp Energy India Ltd Vs State of Andhra Pradesh (Andhra Pradesh High Court)

Andhra Pradesh High Court observed that the law does not compel a man to do things which he cannot possibly perform and it was held that Rule 89 of CGST Rules, 2017, deals with a procedure for claiming refund, but requiring them to produce shipping bills, as proof of export cannot be made applicable to electricity, as it is impossible to ...

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Time Limit for issue of demand order under Section 73(10) of CGST Act, 2017 for Financial Year 2017-18

Time Limit for issue of demand order under Section 73(10) of CGST Act, 2017 for Financial Year 2017-18 The Government, vide Notification No. 13/2022-Central Tax, dated 5th July, 2022 (w.e.f. 01.03.2020), has extended the time limit specified under sub-section (10) of section 73 for issuance of order under sub-section (9) of section 73 of ...

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Transfer Pricing – Guidance Note on Report u/s. 92E of Income Tax Act,1961

GUIDANCE NOTE ON REPORT UNDER SECTION 92E OF THE INCOME-TAX ACT, 1961 (TRANSFER PRICING) [Based on the law as amended by the Finance Act, 2022] (Revised 2022) ICAI Committee on International Taxation is one of the important non-standing Committees of the Institute of Chartered Accountants of India (ICAI). As a partner in nation building, ...

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Multiple litigations in Budgetary Support Scheme Refund

The Government of India implemented the Northeast Industrial and Investment Promotion Policy (NEIIPP), 2007 for Northeastern states including Sikkim, and a package for special category states for Jammu & Kashmir, Uttarakhand, and Himachal Pradesh to promote industrialization. A major benefit of the policy was the exemption from excise...

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Unravelling Intricacies on Black Money Law

Summary: In this article, the author encapsulated provisions of the black-money law in the beginner context. Statue engrossed prima facie to trigger/charge this substantive law on nexus with undisclosed foreign income and assets, the procedure for dealing with such Income and assets. This statute triage to detect such undisclosed foreign ...

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RERA – Transfer of common areas should be effected in favour of an Association of Apartment Owners: HC

Bimalendu Pradhan Vs State of Odisha & Others (Orissa High Court)

High COurt held that Registering Authority is bound to refuse to register an instrument for transfer of immovable property the ‘alienation or transfer of which is prohibited at any State and Central Act’. With the RERA Act mandating that the transfer of common areas should only be effected in favour of an Association of Apartment Owne...

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