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Archive: 06 February 2023

Posts in 06 February 2023

Shifting of Registered Company office from One State to Another as per Companies Act, 2013

February 6, 2023 96156 Views 0 comment Print

Pursuant to the Section 13(4) of the Companies Act, 2013 the alteration of the memorandum of association of the company relating to the place of the registered office from one state to another shall not have any effect unless it is approved by the Central Government (nowadays powers are delegated to Regional Directors) on an […]

Corrigendum to Circular No. 23 of 2022 Dated 03.11.2022- Explanatory Notes to Finance Act, 2022

February 6, 2023 2136 Views 0 comment Print

In Circular no. 23 of 2022 dated 03.11.2022, in sub-point (iii) of the point (I) of sub-paragraph (A) of paragraph 28.5, the words two assessment years preceding such assessment year shall be read as any assessment year preceding such assessment year.

SOP for Attachment /Detachment of Bank Account under GST

February 6, 2023 17268 Views 0 comment Print

In order to recover the tax, penalty, interest and any other dues, bank account of the dealers can be attached by the Ward/Proper Officers under Section 46 of the DVAT Act and Section 78 & 79 of the DGST Act, 2017. Further, Section 46A of the DVAT Act, 2004 and Section 83 of the DGST Act, 2017 provide for provisional attachment to protect the revenue in certain cases.

Join GST, Income Tax & TDS Refresher Certificate Course

February 6, 2023 10818 Views 12 comments Print

Acquire skill in our training room on how to read and connect tax laws with transactions in order to crack complex business problem. It is not a Webinar, it is not a seminar, it is not a workshop but a TRAINING to impart a skill to connect Act with fact. Our faculty Mr. Subhasis Banerjee, (FCA, LL.B) is […]

Payment towards leasing/ hiring of equipment doesn’t constitute royalty

February 6, 2023 3516 Views 0 comment Print

ITAT Delhi held that payment towards leasing/ hiring of the equipment will not constitute a royalty under the provisions of the India – Netherlands Double Taxation Avoidance Agreement (DTAA).

Notice u/s 274 without specifying limb under which penalty proceeding is initiated u/s 271(1)(c) is unsustainable

February 6, 2023 2691 Views 0 comment Print

Delhi High Court has held that issuance of notice under section 274 r.w.s. 271(1)(c) of the Act without specifying the limb under which the penalty proceeding has been initiated is bad in law.

Imposition of penalty u/s 112(a) on customs broker unjustified once KYC of importer is undisputed

February 6, 2023 1623 Views 0 comment Print

CESTAT Chennai held that imposition of penalty u/s 112(a) on the customs broker alleging mis-declaration of goods is unsustainable as customs broker cannot be expected to have knowledge about the goods in the container as there is no dispute with regard to KYC document of the importer.

TDS deposit without actual deduction of TDS from payment is to be treated as income

February 6, 2023 1473 Views 0 comment Print

ITAT Delhi held that deposit of TDS without actual deduction of TDS on the payment made, such TDS amount is to be treated as income of the assessee partaking the character of RPC fee.

CBDT set-up office for operationalising Boards for Advance Rulings

February 6, 2023 2466 Views 0 comment Print

F No. 189/3/2022-ITA-I Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) North Block, New Delhi. ***** Dated: 06th February, 2023 Office Order Subject: Setting up of office for operationalising Boards for Advance Rulings – reg. In continuation to the Notification No.96 of 2021 dated the 1st September, 2021 published […]

Waiver of Late fees of Bills of Entry on account of updation of changes vide Budget 2023

February 6, 2023 7215 Views 0 comment Print

It is observed that some importers could not file the advance Bills of Entry for the consignments in the vessels granted entry inwards on 01.02.2023 due to the shutdown of services of ICEGATE for the purpose of budget updation in ICES.

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