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Archive: January, 2023

Posts in January, 2023

Disallowance u/s 40A(3) sustainable as cash payment exceeds INR 20,000 to single party in single day

January 4, 2023 3138 Views 0 comment Print

ITAT Chennai held that disallowance u/s 40A(3) of the Income Tax Act sustainable as aggregate of the payments made to a single party otherwise by an account payee cheque drawn on a bank or account payee bank draft exceeds Rs.20,000/-in a day.

Orders cannot be set aside on mere whims & fancies of Revisionary Authority

January 4, 2023 645 Views 0 comment Print

On facts we find that issues have been enquired into at length by AO and orders cannot be set aside on mere whims & fancies of Revisionary Authority

ITAT directs CIT(A) for further adjudication after considering assessee’s submission

January 4, 2023 684 Views 0 comment Print

ITO Vs Sh. Subash Chander (ITAT Amritsar) It is prayed that all the assessment years need to be considered cumulatively by lower authorities taking into account not only the evidence already on record but also by allowing assessee to provide further evidence in support of his submissions because the entire proceedings have been carried out […]

GST on construction of CBD Railway station, commercial complex, boundary etc.

January 4, 2023 1659 Views 0 comment Print

In re Shreejikrupa Project Limited (GST AAR Chhattisgarh) Applicability of GST rate of 12% on receipt of contract for new construction of CBD railway station, platform, parking, building and all other civil construction within the boundary of station as per entry no.3 (V) of Notification No.11/2017 – Central tax (Rate) dated .28.06.2017. Here in the […]

GST on sale of coal reject by a power plant of CSPGCL

January 4, 2023 1635 Views 0 comment Print

Applicability of GST notification no. 02/2018 compensation cess (Rate) date 26-07-2018 on sale of coal reject by a power plant of Chhattisgarh state power generation company limited?

ITC on goods & services used for lying of cross – country pipeline nearby river

January 4, 2023 1896 Views 0 comment Print

In re National Mineral Development Corporation Limited (GST AAR Chhattisgarh) AAR held that M/s NMDC, the applicant is not eligible to Input tax credit of GST paid on goods and services used for laying of cross-country pipe line outside the factory premises of the applicant. The applicant is also not eligible to Input tax credit […]

MCA imposes penalty on Auditors for failure to comment on shareholding in excess of 5%

January 4, 2023 32184 Views 0 comment Print

As per Section 129(1) of the Companies Act 2013, the Financial Statements shall give true and fair view of the state of affairs of the Company, comply with the accounting standards notified under section 133 and be in form as provided in Schedule III. For each class of equity share capital as per Schedule III […]

GST on supply by Gangaur Sweets through its restaurant & sweetshop

January 4, 2023 8160 Views 0 comment Print

In re Gangaur Sweets  (GST AAR Chhattisgarh) (1) If the applicant opts for continuing with composition scheme under GST law, the provisions as stipulated under Section 10 of the CGST Act 2017 will be applicable for all the supplies made by the applicant and accordingly the applicant is not allowed to collect composition tax from […]

Applicability of GST on vaccination done by doctors in their clinic (OPD)

January 4, 2023 2823 Views 0 comment Print

In re Anju Parakh (GST AAR Chhattisgarh) Vaccines sold/supplied through a separate chemist shop /pharmacy store owned by the clinic/hospital across the counter would be subjected to GST as supply of good, at the applicable rate of GST. In the case where the clinic/hospital itself has divided the contract into two parts one for supply […]

MCA imposes penalty on company for not marinating registered office after giving benefit of small company

January 4, 2023 1185 Views 0 comment Print

As per Section 12 A company shall, on and from the thirtieth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be prescribed. It is observed that company is a small company so benefits of small company is extended to this company while adjudicating penalty.

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