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Archive: 28 December 2022

Posts in 28 December 2022

Failure to discharge statutory duty/obligation by refund sanctioning authority would be entitled to interest

December 28, 2022 699 Views 0 comment Print

HC set aside the order passed by the Deputy Commissioner denying the interest to the assessee for delayed refund and granted relief under Section 11BB of the Central Excise Act, 1944 (CE Act) to pay the interest at the rate of 6% per annum for committing delay in issuing service tax refund order.

Revisionary power u/s 263 invocable as old tax rates applied instead of amended rates

December 28, 2022 900 Views 0 comment Print

ITAT Chandigarh held that AO erred in applying the rate of tax as 30% under section 115BBE instead of amended rate of tax 60% Accordingly revisionary power under section 263 rightly applied as order passed was erroneous and prejudicial to the interest of revenue.

Addition u/s 69A sustained as nature and source of acquisition of property not offered satisfactorily

December 28, 2022 2907 Views 0 comment Print

ITAT Delhi held that where the property is not recorded in the books of account and explanation about the nature and source of acquisition of property is not offered satisfactorily then value of such property would be deemed to be income under section 69A of the Income Tax Act.

Refund of mistakenly paid service tax granted as incidence of tax not passed on

December 28, 2022 1773 Views 0 comment Print

CESTAT Chennai held that undisputedly the amount of service tax was paid by mistake and Chartered Accountant certificate was submitted certifying that incidence of duty has not been passed on Accordingly refund eligible as not hit by doctrine of unjust enrichment.

RD reduces penalty from 64 Lakh to 14 Lakh for default in issue of Compulsorily Convertible Preference Shares

December 28, 2022 765 Views 0 comment Print

Company has failed to comply with the below mentioned provisions of Section 42 of the Companies Act, 2013 also: (a) Company did not pass any Board Resolution for approval of Private Placement. (b) Company did not circulate the letter of offer to the proposed allottees in PAS-4 or not maintained any records of the offer in PAS-5

GST registration cannot be cancelled on mere HO direction without assigning any reason

December 28, 2022 1065 Views 0 comment Print

HC Held that, no GST registration could be suspended or cancelled on basis of Head Office directions without assigning any reason.

Fundraising by a Private Equity Firm

December 28, 2022 1614 Views 0 comment Print

Discover how Private Equity Firms fundraise & the strategies used to reach their goals. Investors such as pension funds, insurance companies, foundations, & endowments look for high returns with Fundraising by a Private Equity Firm.

CBIC Circular Focuses on non-payment of GST by Suppliers

December 28, 2022 4494 Views 1 comment Print

Understand how Amendments and Clarifications in GST from Dec 2022 will affect Non-payment of GST by Suppliers. Act now to comply with Section 16(2) c!

Impact Analysis of Rule 37A: No Immediate ITC Reversal for Non-filing of GSTR-3B by suppliers

December 28, 2022 19815 Views 0 comment Print

Understand how CBICs Rule 37A affects immediate ITC reversal for non-filing GSTR-3B by suppliers. Find out the latest advice & analysis from Court decisions.

Cancelled GST Registration is Restored even though No Appeal Filed

December 28, 2022 2202 Views 0 comment Print

Cancelled Registration Is Restored Even Though No Appeal Filed: Notice Should Be Issued In Strict Compliance with Rules – Kerala HC

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