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Archive: December, 2022

Posts in December, 2022

Return Filing is a serious Business & Reporting error cannot be pleaded lightly: ITAT Indore

December 24, 2022 3099 Views 0 comment Print

ITAT held that ITR is a sacred document prescribed in law and reporting-error cannot be pleaded so lightly. The prescribed forms of ITR have suitable columns to furnish the details of cash-balance, this law procedure has been in statute for several years and nobody can dispute it.

MVAT on PAN card printing for Income Tax Dept – HC set-aside non-speaking order

December 24, 2022 888 Views 0 comment Print

The assessee was printing PAN cards for the Income Tax Department, Government of India. Service tax was paid on such activity. Sales tax authorities held that it is a works contract liable to VAT.

HC directs dept to consider representation to rectify place of supply in GSTR-1

December 24, 2022 3363 Views 0 comment Print

Petitioner seeks an order and direction against to it to rectify inadvertent mistake in mentioning incorrect place of supply in Form GSTR1

No recovery of tax to be made during search, inspection or investigation unless it is voluntary

December 24, 2022 6612 Views 0 comment Print

HC held that, payment of tax made during the conduct of search cannot be considered as voluntary payment of tax. Further directed the Revenue Department to refund the amount deposited by the assessee along with the interest.

50 Important & Practical FAQs on Annual Returns – GST Audit Series (Part 7)

December 24, 2022 19236 Views 0 comment Print

A comprehensive guide on understanding and calculating your Annual Returns for GST Audit Series (Part 7), including 50 Important and Practical FAQs.

MCA to Launch Second set of Company Forms covering 56 forms

December 24, 2022 14889 Views 2 comments Print

Transition of 56 company forms from V2 to V3 portal In our continuous endeavour to serve you better, the Ministry of Corporate Affairs is launching Second set of Company Forms covering 56 forms in two different lots on MCA21 V3 portal. 10 out of 56 forms will be launched on 09th January 2023 at 12:00 […]

No service tax if no service provider or receiver contract between the parties

December 24, 2022 987 Views 0 comment Print

Vainguinim Valley Resort Vs Union of India (Bombay High Court) The Hon’ble High Court held that there was no service provider or service receiver contract between the parties justifying the levy of service tax set aside. Matter remanded back. The Department issued show cause notice on the Petitioner demanding service tax on the amount received from […]

Rule 5 of Cenvat Credit Rules – Refund of credit if it is not possible to utilize credit

December 24, 2022 4929 Views 0 comment Print

Alkem Laboratories Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) Rule 5 of the Cenvat Credit Rules prescribes that if for ‘Any reason’ the use of the said credit is not possible, the manufacturer or provider of the output service shall be allowed refund of such amount. The sole reason for denying the refund claim is […]

Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases: SC

December 24, 2022 4311 Views 0 comment Print

The Honble Supreme Court held that that strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases. In other words, the standard of proof to be borne in mind must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases.

GST Refund Claim Rejection: HC allows Vodafone to file fresh application

December 24, 2022 1917 Views 0 comment Print

Vodafone Mobile Services Limited Vs Union of India (Madhya Pradesh High court) The petitioner makes a fresh application for refund of excess tax paid by the present petitioner, the same shall be dealt with in accordance with law afresh. The Department rejected the refund claim of the petitioner on the ground that petitioner had failed […]

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