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Archive: 23 November 2022

Posts in 23 November 2022

Service of notice, summons, requisition, order & other communication

November 23, 2022 3963 Views 0 comment Print

Understanding Rule 127 of Income tax Rules, 1962. Learn how communication with assesse, including notices, summons, requisitions, orders, is made.

Change of opinion or review while exercising Section 263 is not permitted

November 23, 2022 981 Views 0 comment Print

PCIT has given his own observation which amounts to review and change of opinion or review while exercising Section 263 is not permitted by the Income Tax Statute. Thus, the PCIT was not right in exercising Section 263 in assessee’s case.

No one-to-one requirement correlation to claim Cenvat Credit

November 23, 2022 1254 Views 0 comment Print

CESTAT held that in respect of utilisation of Cenvat credit there is no requirement of one to one correlation and cross utilisation of credit is permissible.

No service tax on amount received as facility charges for electricity expenses

November 23, 2022 750 Views 0 comment Print

Nai Dunia Media Pvt. Ltd. Vs Commissioner of Central Goods & Service Tax and Central Excise (CESTAT Delhi) Appellant urges that there is no dispute about the fact that the appellant have shared the electricity received from MPEB with Web Dunia, PPPL and others on proportionate (reimbursement) basis. Admittedly, the appellant has not generated electricity. […]

PML Act: Director or Additional Director can issue summons to a person

November 23, 2022 669 Views 0 comment Print

A conjoint reading of sub Section (1) (b) & (2) of Section 50 of Prevention of Money-Laundering Act, 2002 makes it abundantly clear that it is wide enough to authorize and empower Director or Additional Director to issue a summons to a person.

Refund hit by unjust enrichment if no documents produced to prove non-passing of incidence of Duty to Buyers

November 23, 2022 1032 Views 0 comment Print

Aurolab Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue is whether the refund claim is hit by the bar of unjust enrichment. Undisputedly, the appellant has mentioned the duty element in the invoices issued to the buyers. The presumption envisaged in section 12B of Central Excise Act, 1944 then applies and the […]

Appeal abates with effect from date of approval of resolution plan by NCLT

November 23, 2022 1227 Views 0 comment Print

Murli Industries Ltd. Vs Commissioner of Central Excise & Customs (CESTAT Mumbai) It is not disputed that the Resolution Plan for the appellant company was approved by Learned NCLT vide its orders dated 3.7.2019 and 22.7.2019. As per Section 31(1) of I&B Code, once a resolution plan is duly approved by the Adjudicating Authority, the […]

Ad-hoc disallowance for absence of vouchers – ITAT directs AO to examine vouchers

November 23, 2022 681 Views 0 comment Print

Sh. Jasdeep Singh Vs ITO (ITAT Delhi) Ld. Counsel for the assessee submitted that the assessee has furnished all the vouchers. He submitted that the Assessing Officer remarked that vouchers of Rs.5,31,271/- of Taj Mahal Hotel were not furnished is totally wrong as the same was duly furnished and there is no specific defect pointed […]

Draft IFSCA (Appointed Actuary) Regulations, 2022

November 23, 2022 354 Views 0 comment Print

Draft IFSCA (Appointed Actuary) Regulations, 2022 regulations aim to lay down the regulatory framework for the persons who are authorised to perform the roles and discharge the functions of ‘Appointed Actuary’ for the IIOs.

Filing of e form ADT-1 for appointment of First Auditor

November 23, 2022 14718 Views 0 comment Print

Learn about the importance of appointing a Statutory Auditor for your company. Find out how to file e form ADT-1 and ensure compliance.

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