"04 March 2023" Archive

Analysis of Penalty Provisions Under GST Act 2017

Chapter XIX of CGST Act 2017 deals with topic related to offences and penalties. In this article penalty provisions under section 122,123,125, 10(5), 52(14) 73 and 74 have been discussed....

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EPS 95 – Higher Pension Permission Under Para 26(6) of EPF Scheme

1. EPFO vide circular dated 20.02.2023 laid down the guidelines for the employees who were members of the EPS scheme as on 01.09.2014 and continued to be in service on or after September 1 2014 . 2. Earlier the Apex Court in its order dated November 4, 2022, had mandated the EPFO to provide four […]...

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Section 28 of Income Tax Act: Profits & gains of business or profession

Provisions of section 28 of Income Tax Act, 1961 specify income chargeable to income tax under ‘Profits and gains of business or profession’....

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Revocation of GST Registration – Appellate Authority not decided appeal on merits – HC allows filing of Application

Balaji Engineering Works Vs Union of India & Ors. (Bombay High Court)

Balaji Engineering Works Vs Union of India & Ors. (Bombay High Court) GST Registration Certificate of the Petitioner is cancelled vide order dated 20.01.2021. The appeal filed by the Petitioner is dismissed by the Appellate Authority only on the ground that the Petitioner did not avail the remedy under Section 30 of the CGST Act. [&he...

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HC allows Petitioner to file application for Revocation of GST registration before Authority

Pragati Distributors Vs Additional Commissioner (Appeals-I) and others (Bombay High Court)

Appellate Authority while dismissing the appeal has observed that the Petitioner ought to have filed application under section 30 of the Central Goods and Services Tax Act, 2017 for revocation of cancellation of the registration....

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Revocation of cancellation of GST registration – HC directs Authority to decide on merits

Shri. Datta Kripa Majur Sahakari Sanstha Ltd. Vs Union of India (Bombay High Court)

Shri. Datta Kripa Majur Sahakari Sanstha Ltd. Vs Union of India (Bombay High Court) 1. Both Mr. Bapat and Mr. Adik in unison state that the order passed by this court on 2nd May 2022 in Writ Petition No. 5273 of 2022 would squarely apply to the facts and circumstances of this case as well. […]...

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Revocation of cancellation of GST registration – HC allows Application filing

MSK Electricals Vs The Union of India (Bombay High Court)

MSK Electricals Vs Union of India (Bombay High Court) 1 The learned Counsel for the Petitioner submits that the registration of the Petitioner was cancelled under order dated 3rd February 2021. The limitation period for filing the Appeal and Application was extended by the orders of the Supreme Court on 30th September 2021. The appeal [&h...

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Alternative remedy not an absolute bar for entertaining writ petition

Ashiana Housing Limited Vs Union of India (Calcutta High Court)

Hc held that alternative remedy will not operate as an absolute bar for entertaining the writ petition as jurisdictional issue goes to the root of the matter. Therefore, we are of the view that appellant has made out a case for entertaining this appeal” and had also stayed the further re-assessment proceedings....

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Format for Serving a Copy of Application for Initiation of CIRP & Guide to fill

Circular No. IBBI/LAD/58/2023 04/03/2023

Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110 001 Circular No. IBBI/LAD/58/2023 04th March, 2023 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on we...

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Different types of GST Invoices- An Overview

TAX INVOICE An invoice or tax invoice is a document issued by the supplier of goods or services to the addressee/recipient specifying, amongst other things, the description of taxable goods or services or both as well as value of taxable supply. The supplier shall issue an invoice for goods before or at the time of: […]...

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April 2023