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Archive: 13 January 2023

Posts in 13 January 2023

CESTAT dismisses appeal against Commissioner (Appeals) order rejecting application filed by appellant for rectification of mistake in earlier order

January 13, 2023 888 Views 0 comment Print

National Fertilizers Limited Vs Commissioner CGST & Service Tax (CESTAT Delhi) It is not possible to accept the contentions advanced by the learned counsel for the appellant. It is not in dispute that the issues that arose in all the three appeals were identical. It is true that the Department had filed one appeal only […]

CBIC directs offers/Officials to follow Cyber Security Guidelines

January 13, 2023 798 Views 0 comment Print

All officers/officials of Department of Revenue are required to follow the following Cyber Security Guidelines issued by the NIC to ensure Cyber Security in Department:-

Object beneficial to a section of public is an object of general public utility

January 13, 2023 588 Views 0 comment Print

An object beneficial to a section of the public is an object of general public utility. But the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public order or impersonal nature.

Addition u/s 69 based on tally data having various discrepancy is unsustainable

January 13, 2023 1854 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act based on tally data having various inherent discrepancy is unsustainable as AO failed to verify or ask the assessee to reconcile the same from actual books of accounts or physical stocks.

Application u/s 60(5) permissible for carrying out duties entrusted to IRP u/s 18 of IBC, 2016

January 13, 2023 891 Views 0 comment Print

NCLAT Delhi held that an application by the Resolution Professional under section 60(5) of IBC, 2016, to direct the tenant to vacant the property of Corporate Debtor, permissible for carrying out the duties entrusted to the IRP under Section 18 of the Code.

Application u/s. 9 of IBC, 2016 rejected due to pre-existing dispute

January 13, 2023 780 Views 0 comment Print

NCLT Delhi held that this Adjudicating Authority is not a dispute redressal forum. Accordingly, so long as a dispute truly exists in fact and is not spurious, hypothetical and illusory, the adjudicating authority has to reject the application u/s. 9 of the Insolvency and Bankruptcy Code, 2016.

GST on supply to Water Resource Department of Andhra Pradesh for desilting of foreshore of Prakasam Barrage

January 13, 2023 948 Views 0 comment Print

In re Reach Dredging Limited (GST AAR West Bengal) Whether Government of Andhra Pradesh- Water Resources Department comes under the purview of State Government and whether the supply being undertaken by the applicant to the said department for desilting of the foreshore of Prakasam Barrage would be taxable vide entry No. 3 (vii) of the […]

GST under RCM on renting of immovable property services received from SEEPZ/SEZ

January 13, 2023 7866 Views 1 comment Print

In re Portescap India Private Limited (GST AAAR Maharashtra) AAAR held that any supply of goods or services or both made to a SEZ developer or SEZ unit for carrying out the authorised operation in SEZ will be considered as zero-rated supply. That is, the said supply will not attract any GST whatsoever. It is […]

Legal aspects for Appointment of first Statutory Auditors in a Private Company & Procedure

January 13, 2023 3150 Views 0 comment Print

Appointment of statutory auditors in a Company incorporated under the Companies Act is one of the important compliance to which every Company should adhere to in terms of Section 139 of the Companies Act, 2013.

How to File GST Return Quickly ?

January 13, 2023 2265 Views 0 comment Print

Individuals who have not opted for the QRMP scheme and business who have annual aggregate sales of at least Rs.5 core must file 25 different GST returns annually. It consists of 2 monthly returns and 1 annual return.

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