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Archive: 02 December 2022

Posts in 02 December 2022

Live Course on How to Reply to GST Notices & SCN & to Fake ITC Notices?

April 29, 2024 6801 Views 0 comment Print

Join our live course to learn expert strategies for replying to GST notices, SCNs, and fake ITC notices. Understand litigation nuances, evidence insights, and practical tips for effective responses. Register now!

Join Live Webinar and get Book on Section 43B(h)

April 29, 2024 5046 Views 1 comment Print

Live Webinar with Book on Section 43B(h) (Financial Fitness) on 10th May 2024, 6:00 pm to 8:00 pm. CA Manoj Lamba will break down intricacies of Section 43B(h)

Public Holidays for year 2023 under Negotiable Instruments Act 1881 in Maharashtra

December 2, 2022 56130 Views 0 comment Print

Public Holidays for year 2023 under Negotiable Instruments Act 1881 in Maharashtra GENERAL ADMINISTRATION DEPARTMENT Mantralaya, Madam Cama Road, Hutatma Rajguru Chowk, Mumbai 400 032, dated the 2nd December 2022. NOTIFICATION PUBLIC HOLIDAYS–2023 No. PHD-1122/C.R.117/Desk-29.— In exercise of the powers of Central Government under section 25 of the Negotiable Instruments Act, 1881 (XXVI of 1881) […]

Matter involving adjudication of facts cannot be entertained under Article 226

December 2, 2022 1128 Views 0 comment Print

Kerala High Court proceeding finalized against the petitioner based on certain computer records cannot be challenged before High Court as alternative remedies before the Appellate Authority is available before the petitioner. Matter involving adjudication of facts is not possible under Article 226 of the Constitution of India.

Addition beyond issue involved in limited scrutiny case is unsustainable

December 2, 2022 1932 Views 0 comment Print

ITAT Delhi held that it is settled law that the revenue cannot travel beyond the issues involved in the limited scrutiny cases, except in exceptional circumstances and hence addition confirmed beyond the limited scrutiny case is unsustainable.

Rejection of documents without verifying authenticity is against principle of natural justice

December 2, 2022 1107 Views 0 comment Print

CESTAT Ahmedabad held that adjudicating authority cannot reject the documentary evidence without verifying the authenticity of the same. Rejection of the documents without ensuring the authenticity is gross violation of principle of natural justice which is untenable in law.

Independent Directors under Companies Act, 2013 & SEBI LODR Regulations

December 2, 2022 27381 Views 0 comment Print

An Independent Director is a non-executive director of a company who helps the company in improving corporate credibility and governance standards. We can also say that; an Independent director is a director who is not connected or associated with the company in any manner.

Refund not paid due to technical defect should be processed and paid along with appropriate interest

December 2, 2022 1263 Views 0 comment Print

Kerala High Court directed the Centralized Processing Centre at Bengaluru to process the refund which are due to the petitioners which is not processed due to technical defect. Also directed to grant interest on account of delay in payment of refund.

Post proving the source and genuineness of receipt of gift from brother addition is unsustainable

December 2, 2022 1617 Views 0 comment Print

ITAT Ahmedabad held that once the source and genuineness of receipt of shares from brother in USA is proved, addition of the same is unsustainable in terms of explanation 2 to section 56(2)(v) of the Income Tax Act. Also, there is no need for any ‘occasion’ for receipt of such gift from the brother.

Rebate claim rejected as filed beyond period of limitation of one year

December 2, 2022 747 Views 0 comment Print

Supreme Court held that period of limitation prescribed u/s 11B of Central Excise Act, 1944 is to be applied while calculating period of limitation for claiming rebate of duty under rule 18 of the Central Excise Rules, 2002. Rebate claim rejected as filed beyond period of limitation of one year of relevant date

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

December 2, 2022 1827 Views 0 comment Print

Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares or debentures of the company is an allowable expenditure under section 35D of the Income Tax Act.

Authority issuing notice under FEMA, 1999 for violation of FERA, 1973 is bad in law

December 2, 2022 2922 Views 0 comment Print

Bombay High Court held that the Adjudicating Authority is not authorized to issue show cause notice under the Foreign Exchange Management Act (FEMA), 1999 for violations of provisions in Foreign Exchange Regulation Act (FERA), 1973.

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