"13 March 2023" Archive

Activities to be undertaken for GST Compliances of FY 2022-23 in March 2023

We are fast approaching the end of the financial year 2022-23. It mandates for some activities to be carried out under GST laws for smooth transition to Financial Year 2022-23. We have listed down certain important activities for the smooth transition/ closure of Financial Year 2022-23: A. Availment of correct Input Tax Credit for the [&h...

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ITC Blocking: SCN issued in mechanical manner is without authority of law

Parity Infotech Solutions Pvt. Ltd. Vs Government of National Capital Territory of Delhi & Ors. (Delhi High Court)

The Hon’ble High Court was pleased to apply live link test i.e. the expression ‘reason to believe’, to denote reasons, which are based on tangible material and have a live link with the formation of the belief. Also, the Hon’ble High Court observed that blocking of electronic credit ledger is a drastic step, and therefore it was n...

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CBDT’s selects 68,000 cases from FY 2019-20 for e-Verification


On a pilot basis, in about 68,000 cases, information of financial transactions pertaining to FY 2019-20 has been taken up for e-Verification. Details of the transactions have been initially shared with the individual taxpayer through e-campaign. So far, e-Verification has been completed by the designated Directorate in approximately 35,...

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Checklist of Income Tax Exemption For Start Up

Checklist of Income Tax Exemption For Start Up → It should be a Private Limited, or LLP → It should be Incorporated on or after 01/04/2016. → It should be a DIPP recognized startup →  Memorandum of Association (in case of Company and LLP Deed in case of LLP) → Board Resolution for Authorization to […]...

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What To Do If Wrong Assessment Year Is Entered In Income Tax Challan

Humans are prone to mistakes. Many a times due to many unavoidable reasons assessment year is wrongly entered in challan due to which demand is raised and also gets adjusted against refund of subsequent years if any. What Happens If Challan Is Paid in Wrong Assessment Year? Normally, the challan paid is reflected in Form […]...

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GST on renting of residential premises used as guest house of registered person

In re Indian Metals and Ferro Alloys Limited (GST AAR Odisha)

In re Indian Metals and Ferro Alloys Limited (GST AAR Odisha) Q. Whether Service Received by a registered person by way of renting of residential premises used as guest house of the registered person is subject to GST under Forward Charge Mechanism (FCM) or Reverse Charge Mechanism. Ans:- Now, evaluating the question with reference to [&h...

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Refund not admissible as claimant failed to furnish required revised service tax return

East West Seeds India Pvt. Ltd. Vs Commissioner of C.E. & ST (CESTAT Mumbai)

CESTAT Mumbai held that as per rule 7B(1) of the Service Tax Rules, 1994, the claimant is required to submit a revised return. Accordingly, as the claimant failed to furnish the same refund is not admissible....

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Fresh adjudication directed to verify service of notice of legal heir after death of assessee

Salochna Devi Vs ITO (ITAT Delhi)

ITAT Delhi directed fresh adjudication to verify whether notice was served upon to the legal heir after the death of the assessee and also to verify the correct name of the assessee....

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TDS u/s. 194C of Income Tax Act applicable in case of Common Area Maintenance Charges

Welgrow Hotels (P) Ltd. Vs ITO (ITAT Delhi)

ITAT Delhi held that TDS under section 194C (and not 194-I) of the Income Tax Act, 1961 is deductible in case of Common Area Maintenance Charges (CAM Charges)....

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Extended period not invocable as non-disclosure was based on bonafide interpretation of law

GRT Regency Vs Assistant Commissioner of Central Excise (Madras High Court)

Madras High Court held that invocation of extended period of limitation unjustified as non-disclosure or claim of non-liability was on the basis of bonafide interpretation of law....

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April 2023