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Archive: 03 January 2023

Posts in 03 January 2023

Bail application in Winmoney scam rejected due to seriousness of allegations and gravity of offense

January 3, 2023 4281 Views 0 comment Print

Alleged conversion of Rs. 156.22 Cr defrauded amount to Cryptocurrency: P&H HC denies Regular Bail to Accused in Winmoney Scam on Telegram

Commission not taxable unless received

January 3, 2023 1386 Views 0 comment Print

Harmeet Singh Vs ACIT (ITAT Delhi) In this case there is no dispute so far as the percentage of commission is concerned as the same has been accepted by the assessee during the search proceedings as well as during the assessment / appellate proceedings. The only point of concern is whether the assessee has actually […]

Order cancelling GST registration set aside as passed without application of mind

January 3, 2023 1308 Views 0 comment Print

Delhi High Court held that order cancelling GST registration passed without application of mind by simply doing cut and paste job is liable to be set aside.

Taxable amount rightly reflected as Basic Rate in Tender: HC upheld Demand of GST

January 3, 2023 1305 Views 0 comment Print

It is evidently clear that there was no auto generation of the amount at the site after filling in the basic rate. On the other hand, it is absolutely clear that the amount as was entered at Sr. No. 13 was auto reflected at Sr. No.53.

Service Tax on arrangement between theater owner and Film distributor

January 3, 2023 1788 Views 0 comment Print

Reliance Mediaworks Ltd Vs Commissioner of GST (CESTAT Mumbai) The arrangement most commonly entered into between a theater owner and a distributor is that the theater owner screens the movie for fixed number of days under a contract. The proceeds earned through sale of tickets go to the distributor but the theatre owner receives a […]

Addition under Income Tax unsustainable as it based on excise department’s finding later decided in favor of assessee

January 3, 2023 903 Views 0 comment Print

ITAT Delhi held that addition in Income Tax proceedings is liable to be set aside as the addition was made on the basis of the finding of Central Excise Department which was eventually decided in favor of the assessee.

Sector Specific Conditions on FDI For Pharmaceuticals

January 3, 2023 1560 Views 0 comment Print

Government may incorporate appropriate conditions for FDI in brownfield cases, at the time of granting approval. FDI in brownfield pharmaceuticals, under both automatic and government approval routes, is further subject to compliance of conditions

HC allows rectification of GSTR-1 as entries mistakenly shown in B2C instead of B2B

January 3, 2023 5193 Views 0 comment Print

Certain inadvertent mistakes were committed by showing the outward supply in B2C column instead of B2B and therefore, the recipient, i.e. the respondent no.2 is unable to find the same in GSTR-2A

CESTAT directs Adjudicating Authority to pass a speaking order

January 3, 2023 873 Views 0 comment Print

CESTAT restore the matter to the file of the Adjudicating Authority who shall pass a speaking order as per law after granting reasonable opportunities to the appellant and since the matter pertains to an earlier period which has travelled twice before this forum, the Adjudicating Authority shall pass a de novo order within a time-frame of 90 days from the date of receipt of this order by the respective Commissionerate.

Conversion of free shipping bills to Advance Authorization allowable on satisfying circular 36/2010 conditions

January 3, 2023 1167 Views 0 comment Print

CESTAT Chennai held that conditions as prescribed under Board’s Circular No. 36/2010 dated 23.09.2010 is duly complied and accordingly conversion from free shipping bills to Advance Authorization shipping bills needs to be allowed.

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