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Archive: 21 April 2023

Posts in 21 April 2023

Order passed with one day notice violates principles of natural justice

April 21, 2023 1410 Views 0 comment Print

Shrijit Arvindrao Pawar Vs ITO (ITAT Pune) rom mere reading of the assessment order, it would reveal that the Assessing Officer had not given reasonable opportunity to the appellant. The Assessing Officer issued notice u/s 143(2) on 18.11.2019, which was served on the appellant on 21.11.2019. The appellant also filed copy of the record of the […]

GST Registration cannot be cancelled Retrospectively without SCN

April 21, 2023 3876 Views 0 comment Print

It is essential that the exercise of powers to cancel the registration ab initio, must be based on material on record and some rationale. Further, the taxable person must be put to notice of the proposed action to cancel the registration from a retrospective date so as to provide an opportunity to the said person to show cause why such cancellation should not be from a retrospective date.

GST Tribunal not constituted: HC stays demand

April 21, 2023 1719 Views 0 comment Print

Tushar Kanta Nayak Vs Commissioner of Sales Tax CT & GST & Others (Orissa High court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not […]

Adjudication of second SCN on same set of facts without Adjudicating First one is untenable

April 21, 2023 1749 Views 0 comment Print

Shairu Gems Diamonds Pvt. Ltd Vs Commissioner of Service Tax-IV (CESTAT Mumbai) CESTAT find that the learned Commissioner at paragraph 2 has referred to the show cause notice dated 21.08.2012 having been issued to the appellant, seeking confirmation of service tax demand for the period 2008 to 2012. He has also recorded that the said […]

Advance payment for acquisition of property – Indexation from year of payment or year of registration of purchase deed?

April 21, 2023 12834 Views 2 comments Print

The issue  involved in this case is whether the benefit of indexation is available on ‘advance payment’ made for acquisition of property or whether the benefit of indexation is available from the year of registration of purchase deed.

Documents required for Due Diligence

April 21, 2023 2889 Views 0 comment Print

Due Diligence is the process by which confidential, legal, or financial and other material information are exchanged, reviewed and appraised by the interest parties who are going to enter into a Business transaction. Due diligence often refers to the in-depth research and study being done before signing an agreement or a business with a party.

Legal Protections against Workplace Discrimination and Harassment in India

April 21, 2023 9750 Views 0 comment Print

Explore legal protections against workplace harassment and discrimination in India. Understand the laws, such as the Sexual Harassment of Women at Workplace Act and others. Learn about the challenges in implementing these safeguards, including lack of knowledge and fear of reprisal. Discover the importance of proper application for a respectful work environment.

Retired Employees to apply for higher pension under up to May 3, 2023

April 21, 2023 3603 Views 0 comment Print

The Supreme Court declared that members of the Employees’ Provident Fund Organization (EPFO) who are also members of the Employees’ Pension Scheme might contribute more to their pensions if certain conditions are met.

FTS service not taxable in India in absence of PE as FTS clause doesn’t exist in India-UAE tax treaty

April 21, 2023 5475 Views 0 comment Print

ITAT Ahmedabad held that in absence of FTS (Fees for Technical Service) clause in the India UAE Tax Treaty, payment for the FTS services cannot be taxed in India, unless it is established that the overseas company i.e. Oilstone UAE has a permanent establishment (PE) in India.

Prior period expenses allowable as liability crystallized in the year under consideration

April 21, 2023 3063 Views 0 comment Print

PCIT Vs Balmer Lawrie And Company Limited (Calcutta High Court) The Division bench of Calcutta High Court in this case was considering department’s appeal whether any substantial question of law arose when the assessee had claimed Rs 4.08 crore as prior period expenditure on account of same having crystallised during the year though it related […]

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