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Archive: December, 2022

Posts in December, 2022

Analysis of MAP Under FT&TR

December 21, 2022 5296 Views 2 comments Print

Gain insights into Indias Mutual Agreement Procedure (MAP) and the Double Taxation Avoidance Agreement (DTAA) with Analysis of MAP Under FT & TR. Understand cross-border tax resolution and related tax disputes between countries in this guide.

GST on collection of samples for diagnostic testing by a laboratory

December 21, 2022 44961 Views 3 comments Print

GST on collection of samples for diagnostic testing: Understand the implications of entry no. 74 of N 12/2017-CTR-28.06.2017 on healthcare services & collection of samples for diagnostic testing.

Cenvat Credit eligible on inputs used in manufacturing of trial batches of medicament

December 21, 2022 1095 Views 0 comment Print

The assessee is entitled to avail Cenvat Credit in respect of inputs and packaging material used in manufacturing of trial batches of medicament.

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 2001 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

Revenue Department has discretion to allow/disallow redemption of prohibited hazardous waste

December 21, 2022 714 Views 0 comment Print

HC upheld order passed by Revenue Department confiscating the waste oil and imposing the penalty on import of the same. Held that, re-export of imported waste oil is not allowable as it is prohibited under the Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008

Show cause notice issued in routine manner cannot be considered a valid notice

December 21, 2022 7806 Views 0 comment Print

Smt. Priyanka Agarwal Vs DCIT (ITAT Jaipur) Taking into facts and circumstances of the case it is an evident from the show cause notice u/s 274 read with section 271AAB of the Act that the Assessing Officer was not clear i.e whether it is for the clause (a) or clause (b) or clause (c) of […]

ITAT upheld addition for delayed deposit of employees’ contribution to PF/ESI

December 21, 2022 1944 Views 0 comment Print

DCIT Vs Automac Diesels (ITAT Bangalore) ITAT held that addition can be made in respect of the employees’ contribution in regard to PF/ESI, which has not been deposited within the stipulated date as per the respective Act, since in the case on hand, the assessee has not deposited the employees, contribution within the due date […]

Order passed after due application of mind cannot be subjected to section 263 proceeding  

December 21, 2022 1650 Views 0 comment Print

AO has clearly conducted the enquiry and revenue did not pin point the error on the part of the assessing officer the order passed after due application of mind cannot be subjected to proceeding u/s. 263 of the Act.

ICAI has suo moto powers to initiate disciplinary actions against CAs without written complaint

December 21, 2022 3426 Views 0 comment Print

HC held that ICAI can exercise Suo Moto powers and initiate disciplinary proceedings against its member Chartered Accountants without a written complaint.

Interest payable u/s 35FF as pre-deposit amount not refunded within prescribed limit

December 21, 2022 6474 Views 0 comment Print

CESTAT Delhi held that interest @6% per annum is payable u/s 35FF of the Excise Act in case the amount of pre-deposit is not refunded within three months of the date of communication of the order of the Tribunal.

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