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Archive: October, 2022

Posts in October, 2022

Terms & Conditions of Invitation to Tender are not open to judicial scrutiny, unless arbitrary, discriminatory or mala fide: SC

October 10, 2022 4389 Views 0 comment Print

In present facts of the case, it was observed by the Honble Supreme Court of India that an NGO could not have filed writ petition before Honble High Court as it do not have any locus standi in present facts of the case as it was not an aggrieved party. Also, it was observed that the terms and conditions of the Invitation to Tender are within the domain of the tenderer/tender making authority and are not open to judicial scrutiny, unless they are arbitrary, discriminatory or mala fide.

Issuance of Convertible Notes (CN)

October 10, 2022 25222 Views 0 comment Print

Understand the intricacies of Convertible Notes (CN) issuance in India. Learn the rules, advantages, and procedures involved. Discover key conditions for issuing CN and stay compliant with reporting requirements.

Reversal of ITC: Overview of amendment in Rule 37 of CGST Rules

October 10, 2022 47016 Views 1 comment Print

As per pre amended rule 37 (3) interest was payable by the taxpayer as the provision of section 50(1) of the CGST Act whereas now only reference to section 50 has been mentioned in the post amended rule 3 (1).

Judgment or Decree obtained by fraud is to be treated as a nullity: SC

October 10, 2022 11556 Views 0 comment Print

In present facts of the case, while allowing the appeal it was observed by the Hon’ble Supreme Court that non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud and the judgment or decree obtained by fraud is to be treated as a nullity.

Tariff Notification No. 88/2022-Customs (N.T.) | Dated: 10th October, 2022

October 10, 2022 1833 Views 0 comment Print

Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver – Notification No. 88/2022-Customs (N.T.) |Dated: 10th October, 2022 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 88/2022-Customs (N.T.) |Dated: 10th October, 2022 S.O. 4814(E).—In exercise of the powers conferred by sub-section (2) […]

Income Tax Exemptions for registered charitable & religious Trust

October 10, 2022 6417 Views 0 comment Print

Stay informed about Income Tax Act amendments affecting charitable and religious trusts. Uncover changes, challenges, and conditions for exemptions under section 11. Learn key details about corpus donations, application of funds, allowable expenses, and more. Keep your trust compliant with the latest regulations.

Whether refund claim was time barred or not to be reconsidered as Limitation of 2 Years started from the insertion of Rule 89(1A)

October 10, 2022 3693 Views 0 comment Print

Since the impugned order of rejecting the refund claim was passed on 23.11.2020 and this Circular came to be issued on 25.09.2021 giving a clarification as to the date for claiming refund under Section 89 of the CGST Act, and Section 19 of the IGST Act, 2017, therefore, the matter was remanded back to the authority to deal with the refund application in the light of the Circular No.162/18/2021-GST dated 25.09.2021, issued more particularly with regard to the applicability of the Circular issued by the Government, and then pass orders in accordance with law.

Direct Tax Collections for F.Y. 2022-23 up to 08.10.2022 registers 23.8% growth

October 10, 2022 711 Views 0 comment Print

Direct Tax collections up to 8th October, 2022 show that gross collections are at Rs. 8.98 lakh crore which is 23.8% higher than the gross collections for the corresponding period of last year.

HC direct CBIC to clarify eligibility under SVLDRS, 2019 when tax dues been paid in full

October 10, 2022 1002 Views 0 comment Print

Sigma Construction Co. Vs UOI (Madhya Pradesh High Court) The issue whether in cases when  tax dues have been paid in full, are eligible under SVLDRS, 2019 for waiver of interest or not. Hon’ble High Court directed CBIC to dwell upon the question and issue a clarificatory circular/instruction so that ambiguity prevailing in the field […]

Judgment or Decree obtained by Fraud is as a Nullity: SC

October 10, 2022 4944 Views 0 comment Print

Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud. Therefore, the judgment or decree obtained by fraud was to be treated as a nullity as the respondent had not only suppressed a material fact but had also tried to mislead the High Court.

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