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Archive: 03 January 2023

Posts in 03 January 2023

Standard of proof for rebutting presumption is that of preponderance of probabilities in Negotiable Instruments Act

January 3, 2023 9474 Views 0 comment Print

The Hon’ble Madras High Court held that it is settled law that in the case under Section 138 of NI Act Section 139 of NI Act provides that the Court shall presume that the holder of a cheque received the cheque of the nature referred into Section 138 of NI Act

Order not clarifying on the fundamental charge is liable to be set aside

January 3, 2023 513 Views 0 comment Print

CESTAT Ahmedabad held that main allegation of manipulation of final boiling point in the test report vis-à-vis- classification of product thereof not clarified in the order Hence impugned order cannot be sustained as all the charges flow from fundamental charge of manipulating test report.

Refund claim granted based on CA certificate

January 3, 2023 1365 Views 0 comment Print

CESTAT Chennai held refund claim of service tax paid by mistake eligible as Chartered Accountant certificate stated that the statutory records are examined and the incidence of duty has not been passed on, accordingly doctrine of unjust enrichment doesn’t apply.

GST Registration – Unregistered Rent Agreement – A statutory analysis

January 3, 2023 40743 Views 0 comment Print

GST Registration can be rejected due to an unregistered rent agreement? Get insights into a statutory analysis on the matter with this blog post. Keyphrase: GST Registration – Unregistered Rent Agreement – A statutory analysis.

Benefit u/s 54 available as total capital gain utilized for acquisition of new house

January 3, 2023 492 Views 0 comment Print

ITAT Delhi held that benefit u/s 54 of the Income Tax Act duly available the amount equivalent to the capital gains has been utilized for acquisition of new house

ITR forms are highly complicated & lacks interlinking & auto-correction

January 3, 2023 8115 Views 0 comment Print

ITR form furnished before us is highly complicated and since the different column of the ITR was not interlinked, therefore, there was no auto-correction and hence there was mismatch of figures in the relevant/corresponding columns of ITR.

Non submission of Form No. 26A before AO- ITAT restores appeal to AO

January 3, 2023 849 Views 0 comment Print

Arvind Purseth Vs CIT(A) (ITAT Cuttack) It was submitted by the ld. Sr. DR that the only issue in the appeal of the assessee was that TDS had not been deducted in respect of payments made to M/s Sundaram Finance Ltd. and M/s Gulshan Freight Carrier. It was the submission that Form 26A had been […]

Submission of Reinsurance Returns – IRDAI dispenses 8 Returns

January 3, 2023 10791 Views 4 comments Print

This has reference to the circular on submission of Reinsurance Returns and Programme vide ref no. IRDA/RI/CIR/MISC/01 1/01/2019 dated 1 5th January,201 9. On comprehensively examining the extant returns being submitted, the following returns are hereby dispensed with immediate effect.

Section 11 exemption denial for non-mention of Trust Registration details in ITR – ITAT restores matter to AO

January 3, 2023 1281 Views 0 comment Print

ITAT note that the benefit of deduction u/s 11 of the Act has been denied by the authorities below primarily on the reasoning that the trust was not registered under the provision of section 12A of the Act.

Orissa VAT Dues of Company cannot be recovered from Directors: HC

January 3, 2023 495 Views 0 comment Print

Section 51 of the OVAT Act read with Rule 55 of the OVAT Rules provides a special mode of recovery of outstanding amount of tax, interest and penalty. Even these provisions do not authorize recovery of outstanding taxes of a Company from the accounts of its individual Directors.

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