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Archive: January, 2023

Posts in January, 2023

Denial of benefit under SVLDRS stating that department decided to file appeal is unjustified

January 17, 2023 2004 Views 0 comment Print

Jharkhand High Court held that benefit under SVLDRS scheme cannot be denied by the designated committee on the reason that department has decided to file an appeal against the OIO.

Addition of difference of share valued and valuation as per IT rules sustained as onus of proof not discharged

January 17, 2023 1122 Views 0 comment Print

ITAT Delhi held that addition of difference between the share valued by the company and value determined as per IT Rules sustained as the assessee failed to discharge his onus of proof.

Non-appearance of supplier cannot be reason for treating purchases as unexplained expenditure

January 17, 2023 2802 Views 0 comment Print

Bombay High Court held that purchases cannot be treated as unexplained expenditure (i.e. fictitious purchases) merely because suppliers have not appeared before AO or CIT(A).

Issuance of search warrant without recording ‘reasons to believe’ is bad in law

January 17, 2023 3159 Views 0 comment Print

Telangana High Court held that issuance of search warrant without recording the ‘reasons to believe’ is against the provisions of section 17 of the Prevention of Money Laundering Act (PMLA), 2002 and accordingly the same is liable to be set aside.

Statutory charge as per KGST Act & KVAT Act remains despite sale of property by Bank

January 17, 2023 1389 Views 0 comment Print

Kerala High Court held that statutory charge created against dealers as per the provisions of KGST Act, 1963 and KVAT Act, 2003, prior to any mortgage made, against the dealer would remain intact, even if the property is sold by Bank.

Penalty imposed on company for carrying business activities on a fraudulent & unlawful purpose

January 17, 2023 1950 Views 0 comment Print

Office of the Commissioner of CGST (Audit) vide letter dated 10.10.2022 has informed that M/s Aegis LifeSciences Pvt. Limited having GSTN 24AARCA8892L1ZS and Adgis Lifescience, Partnership concern having GSTIN 24AARCA8892L1ZS are still operating /running both partnership firm as well as Pvt. Limited Company under GST even after the change in constitution of the business at […]

Importance of place of supply of goods and services

January 17, 2023 9762 Views 0 comment Print

Understand the importance of Place of Supply of Goods & Services for optimized GST calculation. Learn how it affects CGST, SGST, & IGST to figure out the right rate.

Union Budget 2023: Personal Taxpayer’s Wishlist

January 17, 2023 6354 Views 3 comments Print

Grow your investments & save tax this year Union Budget 2023 brings big changes for individual taxpayers. Discover the wishlist here!

Counter guarantee with negligible risks cannot be compared with guarantee with high risk 

January 17, 2023 1110 Views 0 comment Print

ITAT Delhi held that adoption of Comparable Uncontrolled Price (CUP) method for determining Arm’s Length Price (ALP) of the international transaction is unjustified.

GST on services provided by applicant to RIICO after 13.07.2022

January 17, 2023 4041 Views 0 comment Print

In re Om Prakash Agarwal, Prop. M/s. Mittal Trading Company (GST AAR Rajasthan) Q1.  Applicability of Notification No. 11/2017 – Central Tax Rate dt. 28th June, 2017 amended with Notification No. 24/2017 – Central Tax (Rate) dt. 21.09.2017 and further amended vide notification no. 31/2017 – Central Tax (Rate) dt. 13.10.2017, and furthermore amended vide […]

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