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Archive: 29 March 2023

Posts in 29 March 2023

Appeal cannot be dismissed for delay in filing appeal against an Order not served

March 29, 2023 1173 Views 0 comment Print

CESTAT Mumbai remands customs appeal on service date ambiguity. Order-in-Original service method not specified. Time-bar decision reconsidered.

HC directs CIT to consider Stay Application of OYO Hotels

March 29, 2023 792 Views 0 comment Print

Oyo Hotels And Homes Private Limited Vs DCIT/ACIT (Delhi High Court) The grievance of the petitioner, which is also obvious, is that the Commissioner of Income Tax (CIT) has not dealt with its application, preferred before him, in respect of the order dated 01.02.2023 passed by the Assessing Officer (AO) under Section 220(6) of the […]

Delay of 2659 days cannot be condoned for Demise of counsel

March 29, 2023 1128 Views 0 comment Print

Light & Electronics Vs Odisha Sales Tax Tribunal (Orissa High Court) The reasons put forth in the application for condonation of delay before the Tribunal was that the Lawyer handling the case had suffered from serious illness and ultimately died on 6th August, 2012. Papers had been entrusted to such Advocate to file the appeal […]

Transport of goods twice on sale e-way bill cannot be alleged on mere presumption 

March 29, 2023 1242 Views 0 comment Print

S.R. Sales Vs State Of U.P. And 3 Others (Allahabad High Court) HC find that this is a case where the authorities had proceeded merely on presumption that goods which were being transported from Birur (Karnataka) to Kanpur (U.P.) were in fact brought by the petitioner from Nagpur into the State of U.P. using two […]

HC directs consideration of amount paid during inquiry stage under SVLDRS

March 29, 2023 465 Views 0 comment Print

Amount already deposited by petitioner (as interest under protest) during stage of investigation against amount payable under Sabka Vikas (Legacy Dispute Resolution) Scheme, 2019.

MCA imposes penalty on CA for Non-reporting of violations in audit report

March 29, 2023 39483 Views 0 comment Print

Section 143(3)(d) of Companies Act, 2013 states that ‘the auditors report shall state whether, the company’s balance sheet and profit and loss account dealt with in the report are in agreement with the books of account and returns’. It is apparent from the financial statements for the financial year ended 31.03.2021 Interest Accrued” on Secured […]

Tax liability due to change in Tax Regime- HC directs Odisha govt to consider representation of Petitioner

March 29, 2023 1347 Views 0 comment Print

The main issue involved in such matters is that the difficulty faced by the contractors due to change in the regime regarding works contract under GST. The grievance of the Petitioner is that in view of the introduction of the GST, Petitioner is required to pay tax which was not envisaged while entering into the agreement.

Delay cannot be condoned if Illness of Counsel Not Supported by Medical Certificate

March 29, 2023 1347 Views 0 comment Print

Explanation about illness of counsel is not supported by medical certificate. Consequently, Court is not inclined to condone delay in filing revision case

SVLDRS: Technical Glitch in Issuance of Form-4 – CESTAT grants relief

March 29, 2023 231 Views 0 comment Print

Glider Technologies Vs Commissioner of Customs Cochin-Cus (CESTAT Bangalore) Heard both sides. 2. Learned advocate submits that they have filed necessary application under Sabka Vishwas (Legacy dispute) Resolution) Scheme, 2019 (SVLDRS) before the concerned authority and since the appeal before this Tribunal was dismissed for non-payment of pre-deposit amount under Section 35F of Central Excise […]

MCA imposes penalty on Company for Non-maintenance of registers

March 29, 2023 14706 Views 0 comment Print

Section 94(1) of Companies Act, 2013 states that the register required to be kept and maintained by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the company. During the course of inspection the company failed to furnish such registers and […]

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