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Archive: February, 2023

Posts in February, 2023

Difference between NGO and Section 8 company

February 15, 2023 10947 Views 0 comment Print

Discover the fundamental differences between NGO and Section 8 companies, and explore both legal structures to better understand the implications for each.

Batsman given out on a No Ball

February 15, 2023 2046 Views 0 comment Print

The Author in this article discusses a decision of tribunal (ITAT) regarding taxation of amount paid by companies for broadcasting Cricket World cup matches during FY 2001-02 and 2002-03 held outside India in the hands of a non-resident. The bench has decided that the amount is taxable as royalty in India.

Goods reached at destination in-time but goods unloaded after expiry of E-Way Bill

February 15, 2023 5319 Views 0 comment Print

State of Karnataka Vs Hemanth Motors (Karnataka High Court) Learned AGA appearing for the appellant has vehemently argued and contended that unloading was not done until 5.00 p.m. on the next day and therefore, the goods cannot be transported without seeking extension of validity period of E-way bill. The learned AGA would further contend that […]

HC set-aside service tax demand as non-speaking order was passed without considering exemption clauses

February 15, 2023 1905 Views 0 comment Print

Shri Keshab Purkayastha Vs  Union of India (Tripura High Court) The impugned order dated 16.11.2022 passed by the respondent No.3, apart from being illegal, arbitrary and without jurisdiction, is apparently perverse and fraught with patent illegality since it was conclusively decided by the respondent No.2 after consulting the relevant laws that the services rendered by […]

HC allows manual application for Claim for Refund of Eligible excess ITC

February 15, 2023 1845 Views 0 comment Print

Tvl. Ramana Textiles Private Limited Vs Commissioner of State GST and Commercial Taxes (Madras High Court) The present Writ Petition has been filed seeking for a writ of Mandamus to direct the respondents to refund the eligible excess ITC amount for the month of January to March 2018, based on the petitioner’s application dated 13.02.2019 […]

Section 272A(1)(d) penalty not leviable if AO not acted on adjournment request of assessee

February 15, 2023 8406 Views 0 comment Print

No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.

Unexplained Difference in amount specified in Form 26AS & returns – ITAT upheld addition

February 15, 2023 1251 Views 0 comment Print

Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition

Audited Books cannot be rejected for Producing Photocopy of Bills instead of original

February 15, 2023 1884 Views 0 comment Print

Blue Stampings & Forgings Ltd Vs DCIT (ITAT Delhi) ITAT held that Assessing Officer is not justified in taking drastic action of rejection of books of account which are audited and are without any qualification solely on the basis of general remarks that photocopy of the bills have been produced instead of original bills. No […]

Section 263 invocable as non-verification of trade discount vis-à-vis TDS makes assessment order erroneous

February 15, 2023 777 Views 0 comment Print

ITAT Chennai held that AO failed to verify the issue of trade discount in the light of provisions of section 194C-194H and hence the assessment order passed by AO is erroneous. Accordingly revisionary power under section 263 stand invocable.

जीएसटी को किस तरह एक सरल और व्यवहारिक कर बनाया सकता है

February 15, 2023 8388 Views 3 comments Print

गुड्स एंड सर्विस टैक्स को भारत में 2017 में पेश किया गया था और अब 5 साल से अधिक समय बीत चुका है लेकिन जीएसटी परिषद और वित्त मंत्रालय के लगातार प्रयासों के बाद भी व्यापार और उद्योग इसके साथ बहुत सहज नहीं हैं। आइए उन आवश्यक कदमों पर एक नजर डालते हैं और ये […]

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