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Archive: April, 2023

Posts in April, 2023

CENVAT Credit availed by recipient not deniable as assessment made by dealer not revised

April 24, 2023 1593 Views 0 comment Print

CESTAT Mumbai held that unless and until the assessment made at the dealer’s end is revised or altered, the Cenvat credit availed on the basis of invoices by the recipient’s unit cannot denied/whittled down.

Non-Appointment CS – Penalty reduced Maximum penalty Harsh

April 24, 2023 741 Views 0 comment Print

Non-Appointment CS – penalty reduced – Ac imposing maximum penalty by Registrar of Companies on company, its Managing Director and other director is very harsh, burdensome on Company.

EPS 95 Higher Pension Application – Validation Process by Employer / EPFO

April 24, 2023 194976 Views 69 comments Print

Learn about the EPS 95 higher pension application validation process by the employer and EPFO. Guidelines, submission steps, approval, rejection reasons, and grievance handling explained.

Penalty u/s 271(1)(c) up to 100% of tax evaded justified in case of excess stock found during survey

April 24, 2023 1311 Views 0 comment Print

ITAT Hyderabad in case of excess stock of gold found during survey held that penalty u/s 271(1)(c) of the Income Tax Act up to 100% of the tax evaded is justified instead of 298% as upheld by CIT(A).

Challenges & Opportunities in Front of Trade Unions Movement in Contemporary India

April 24, 2023 11463 Views 0 comment Print

The trade union movement in contemporary India faces a dynamic landscape of challenges and opportunities. On one hand, trade unions play a crucial role in advocating for the rights and welfare of workers, improving working conditions, and achieving collective bargaining agreements with employers.

Rs. 15 Lakh penalty on Company & Directors for not appointing CS

April 24, 2023 27246 Views 0 comment Print

As Rule 8A (Appointment of Company Secretaries in Companies Not Covered Under Rule 8) of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 (w.e.f 09.06.2014), a company other than a company covered under Rule 8 which has a paid-up share capital of five crore rupees or more shall have a whole-time company secretary. […]

MCA Imposes Rs. 25 Lakh Penalty for Not appointing Company Secretary

April 24, 2023 12348 Views 0 comment Print

ub-section (5) of Section 203 of the Act provides that if any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.

Additions on the basis of incriminating material obtained during survey is justified

April 24, 2023 2091 Views 0 comment Print

ITAT Allahabad held that additions made based on the incriminating material (being excess stock) found during survey conducted u/s 133A of the Income Tax Act is justifiable.

Customs broker cannot allow its licence to be used by someone else

April 24, 2023 2169 Views 0 comment Print

CESTAT Delhi held that customs broker cannot allow its licence to be used by someone else impersonating it. Accordingly, revocation of customs licence, forfeiture of security deposit and imposition of penalty justified.

CUP is most appropriate method for determining ALP for importing goods for manufacturing segment

April 24, 2023 1548 Views 0 comment Print

ITAT Bangalore held that Comparable Uncontrolled Price (CUP) is the most appropriate method for determining the Arm’s Length Price of the assessee for the importing of goods for manufacturing segment.

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