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Archive: 03 December 2022

Posts in 03 December 2022

Addition u/s 43CA without allegation of receipt of amount more than sale consideration is unsustainable

December 3, 2022 2007 Views 0 comment Print

ITAT Delhi held that there are no evidence or allegation that there is receipt of money over and above sale consideration as disclosed in the sale deed, accordingly addition made on the basis of legal fiction created by section 43CA of the Income Tax Act is unsustainable in law.

What is the Time Limit for GST Audit under Section 65?

December 3, 2022 87585 Views 2 comments Print

Get a clear understanding of the time limit for GST audit under Section 65 of the CGST Act. Find out how long the audit process can take and the conditions for extension.

One Nation One Housing Policy – Collaterals Vs Guarantees Vs Margin Vs Interest Rates

December 3, 2022 1392 Views 0 comment Print

Understand the differences between collaterals, guarantees, margin, and interest rates in the context of the One Nation One Housing Policy. A comprehensive guide for banks and financial institutions.

HC stays penalty imposed on IRP for alleged negligence

December 3, 2022 1239 Views 0 comment Print

It was C.O.C which has not taken efficient measures to complete the C.I.R.P of the Corporate Debtor Company. Even in the summary findings where the order of the adjudicating authority is quoted, it is made out that it was not the case that the C.O.C had raised any dissatisfaction with regard to the conduct of the petitioner or that there had been a lapse on his part.

Effective date of Notification would be the date on which it has been digitally signed

December 3, 2022 8862 Views 0 comment Print

The Honble Gujarat High Court held that the Notification could not be said to have been published without declaration form or digital signature certificate. Only after the declaration form and documents are signed digitally that they can be uploaded for e-publishing which has been done on 06.03.2018 at 19:15 hours in the present matter. Therefore, the effective date of Notification in terms of Section 25(4) of the Act is the date of its publication in Official Gazette in e-mode on 06.03.2018.

No addition of unexplained cash relying on Third-Party statements without providing opportunity for Cross-Examination

December 3, 2022 4182 Views 0 comment Print

Addition of unexplained cash based on third-party statements was not sustainable as assessee had filed all documentary evidences which had not been adversely commented by the authorities below, coupled with the fact that the authorities below had made and sustained the additions on the basis of statements of third parties which had not been made available to assessees for cross examination.

Flavored Milk for Tea Preparation classifiable under heading 04012000

December 3, 2022 1506 Views 0 comment Print

Product ‘Flavored Milk for Tea Preparation’ is found to be “Tea Milk” and it should be classified under Chapter 04 under heading 0401 20 00.

Damodar Valley Corporation under definition of Government Entity for GST

December 3, 2022 1581 Views 0 comment Print

Whether Damodar Valley Corporation is covered under the definition of the term ‘Government’ Entity as per Notification No. 32/2017 – Central Tax (Rate) dated 13/10/2017 and Notification No. 31/2017 – Central Tax (Rate) dated 13/10/2017?

Rule 6 of CCR, 2004 doesn’t apply to waste produced during manufacturing process

December 3, 2022 834 Views 0 comment Print

CESTAT Mumbai held that Rule 6 of the CCR, 2004 is not applicable to the waste products which arises during the process of manufacture and is sold for some consideration.

CA Cannot be Prosecuted under PMLA merely for Issuing Form No. 15CB

December 3, 2022 12570 Views 0 comment Print

While issuing Form No. 15CB a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients

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