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Archive: 26 January 2023

Posts in 26 January 2023

DGFT: Why idiocy remains the hallmark functionally

January 26, 2023 3792 Views 7 comments Print

Uncover the challenges exporters face with DGFT in the facilitation process. Explore a case study from Vadodara RA, shedding light on frivolous demands, erroneous practices, and the need for systemic changes.

Demand of tax and penalty for release of goods without mentioning the reasons is unsustainable

January 26, 2023 1203 Views 0 comment Print

HC set aside order raising a demand of tax and penalty for release of the goods. Held that, neither SCN nor order of demand stated reasons for imposing tax liability as well as penalty.

Calcutta HC on allowing hookah bars in West Bengal until an Act is enacted in this regard

January 26, 2023 1785 Views 0 comment Print

The petitioner clients are strictly complying with the rules and regulations of the aforesaid COTP Act 2003 and other applicable statues and rules. They only permit use of tobacco, nicotine and herbal products in the hookahs Since there is no law banning the use of tobacco, nicotine and herbal products in bars and restaurants

Appeal not heard for 3 Years – Calcutta HC directs CIT(A) to decide within 4 months

January 26, 2023 1359 Views 0 comment Print

Rupahali Sarees Private Limited Vs Union of India (Calcutta High Court) Sub-The petition in this case filed to challenge inaction on part of CIT (Appeals) in deciding the appeal against order u/s 263 which was filed on 27-1-2020 even though almost 3 years had passed. Petitioner submits that in spite of repeated remainders though almost […]

Removal of director of a Company – Things to be kept in mind & Procedure

January 26, 2023 48081 Views 0 comment Print

Discover the intricacies of removing a director from a company as per Section 169 of the Companies Act, 2013. Understand the step-by-step procedure, reasons for removal, and key considerations in this comprehensive guide.

Initiation of proceeding u/s 130 of CGST Act due to discrepancy in quantity in documents is justified

January 26, 2023 1404 Views 0 comment Print

Kerala High Court held that discrepancy in quantity in the documents is sufficient for department to suspect the evasion of tax. Accordingly, initiation of proceedings u/s 130 of CGST/ SGST valid.

Disallowance stating hedging transactions in non-cleared securities as illegal is unsustainable

January 26, 2023 363 Views 0 comment Print

ITAT Mumbai held that disallowance alleging that the hedging transactions in non-cleared securities are illegal are unsustainable in law

Migration of unadjusted TDS amount allowable under GST

January 26, 2023 1389 Views 0 comment Print

Jharkhand High Court held that unadjusted TDS amount under Jharkhand Value Added Tax Act is allowed to be migrated under Jharkhand Goods and Services Tax Act, 2017.

Order without stating reason of cancellation of GST registration is non-speaking

January 26, 2023 1500 Views 0 comment Print

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature.

Budget 2023 : Expectations

January 26, 2023 2508 Views 0 comment Print

Anticipate the Budget 2023 with expectations for relaxations in compliance requirements under the Income Tax Act and empowering SEBI to question companies with inflated IPO offer prices. Stay tuned for the last full budget of the current government term.

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