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Archive: February, 2023

Posts in February, 2023

CESTAT allows refund/recredit of excess reversal of Cenvat Credit

February 16, 2023 510 Views 0 comment Print

CESTAT held that giving options for availing a particular option is procedural requirement and on failure of same, assessee cannot be deprived of choosing any of option available in Rule 6(3)

Without assessing escaped income AO cannot assess other items of income

February 16, 2023 1386 Views 0 comment Print

Assessing Officer can add other items of income along with the income for the escapement of which the assessment was reopened. However, without assessing that escaped income the Assessing Officer cannot make assessment of other items of income.

TDS credit not allowable if Corresponding Income was not Offered to Tax

February 16, 2023 19578 Views 0 comment Print

Assessee not eligible of amount of TDS deducted on amount of advance received by assessee as corresponding income was not offered to tax.

Section 244A interest eligible on refund of self-assessment tax

February 16, 2023 7266 Views 0 comment Print

If refund arises because of self-assessment tax, which falls in realm of expression `any other case’, the same gets covered within purview section 244A(1)(b), thereby entitling assessee to interest thereon.

Premium paid by company on insurance policy taken by director not allowable

February 16, 2023 22098 Views 0 comment Print

Insurance policy was not taken by company under key man insurance & Merely, amount was paid by it so premium not allowed as business deduction

Section 238A of IBC: Provision Overriding Limitation Act

February 16, 2023 6393 Views 1 comment Print

Numerous appeals IBC get rejected by NCLAT on the grounds of them being time-barred. NCLAT articulates that it lacks the power to allow appeals filed after 45 days from the ‘date of the order’ of the Adjudicating Authority.

Representation/suggestions regarding important changes in GST

February 16, 2023 11064 Views 0 comment Print

Kindly introduce one time amnesty scheme for either waiver or reduction of late fee and penalty for procedural lapses like delay in filing returns like GSTR 1, 3B, 4, 9, 9C, 10, ITC-04, etc for the period from 2017-18 onwards.

IBBI penalises IP for placing non­-compliant resolution plan for consideration of CoC

February 15, 2023 2313 Views 0 comment Print

Mr. Anurag Kumar Sinha has erred in his judgement in placing a non­compliant resolution plan for the consideration of the CoC. Further, despite being non­compliant plan, it was passed and placed for AA’s approval. AA has strongly commented on the issue in its judgement pointing out the mistake of the resolution professional and the CoC […]

Challenges faced by trade w.r.t monitoring of BLUT & requirement for additional BLUT

February 15, 2023 1162 Views 0 comment Print

No. K.43013(18)/2/2022-SEZ Government of India Ministry of Commerce & Industry Department of Commerce (SEZ Division) Vanijya Bhavan, New Delhi Dated the 15th February, 2023 To The Development Commissioner All SEZs Subject: Challenges faced by trade w.r.t monitoring of BLUT and requirement for additional BLUT —reg. Sir, I am directed to refer to representations received from […]

Maintenance of a website by stock brokers & depository participants

February 15, 2023 2961 Views 0 comment Print

A designated website brings in transparency and helps the investors to keep themselves well informed about the various activities of the SB/DP. In view of the same, considering the advancement in technology and need to provide better services to the investors, all SBs and DPs are hereby, mandated to maintain a designated website.

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