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Archive: January, 2023

Posts in January, 2023

Synopsis of Proposed Sweeping Changes for Public Comments in IBC 2016

January 23, 2023 2445 Views 0 comment Print

Explore proposed sweeping changes in the Insolvency and Bankruptcy Code (IBC) 2016 by the Ministry of Corporate Affairs. The changes aim to enhance transparency, incorporate technology, empower authorities, and streamline processes. Key proposals include redesigning fast-track CIR processes, addressing real estate cases, equitable distribution of proceeds, granting more powers to authorities, relaxing pre-pack procedures, mingling assets of CD & guarantor, and introducing an electronic platform.

Activity of digital offset & offset printing amounts to manufacture – Service Tax not payable

January 23, 2023 2208 Views 2 comments Print

The department had challenged the order passed by Tribunal, Mumbai wherein, the tribunal, inter alia, held that the activity of digital offset and offset printing amounts to manufacture and the same is classifiable under heading chapter 4911 of the Central Excise Tariff.

GST: HC lambasts AO for passing order without application of mind & opportunity of hearing

January 23, 2023 3900 Views 0 comment Print

HC lambasts AO for passing order which shows total non application of mind and not granting opportunity of hearing to petitioner in violation of section 75(4) of CGST Act.

No Service Tax on activity of digital offset and offset printing: SC

January 23, 2023 3702 Views 1 comment Print

SC held that the activity of digital offset and offset printing amounts to manufacture and same is classifiable under heading chapter 4911 of Central Excise Tariff.

No penalty for GST refund credited due to mistake of revenue authorities

January 23, 2023 708 Views 0 comment Print

So far as the penalty is concerned on such refundable amount, petitioner is not liable to pay the same since admittedly the respondent/revenue authorities’ own case is that the amount of refund in question was paid to the petitioner due to mistake on their part and for no fault on the part of the petitioner.

HC directs revocation of GST Registration cancellation order on payment of interest & penalty

January 23, 2023 984 Views 0 comment Print

Authority concerned to revoke the impugned order of cancellation of GST registration immediately, if petitioner pays interest and penalty within two weeks from date.

Service tax cannot be demanded on correct availment of abatement and for discharging the tax liability for ‘Installation of thermal insulation’ under ‘Works Contract Service’

January 23, 2023 14244 Views 0 comment Print

CESTAT Held that, installation of ‘thermal insulation’ is a covered under definition of Works Contract Service & therefore, Service Tax is not demandable.

Writ Jurisdiction of HC cannot be invoked on the ground that reasons recorded are not well-reasoned

January 23, 2023 561 Views 0 comment Print

Lakshya Vintrade Private Limited Vs Union of India And Ors. (Calcutta High Court) The sole ground by the petitioner for challenging the impugned order under Section 148A(d) of the Act is that the same is not a speaking order and the reasons recorded therein are not well-reasoned and satisfactory which according to me cannot be […]

Cheque Bounce case: Adjudication in civil matters is based on preponderance of probabilities

January 23, 2023 4290 Views 0 comment Print

Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on the principle that the accused is presumed to be innocent and the guilt of the accused should be proved to the hilt and the proof should be beyond all reasonable doubt.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1479 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

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