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Archive: 16 June 2023

Posts in 16 June 2023

GST Case Law Compendium – June 2023 Edition

June 16, 2023 8103 Views 0 comment Print

Explore key GST case laws in our June 2023 edition. Highlights include the quashing of a Rs.21,000 crore show cause notice and crucial legal rulings. Stay informed

Incorporation of Limited Liability Partnerships (LLP)

June 16, 2023 711 Views 0 comment Print

As we know that in partnership firm there is unlimited liability of every partner, and this may cause conflicts among them. Also, the firm have few numbers of member/partner and due to that more investment will not be there arises financial deficiency. These are the limitations of a partnership firm.

DGGI Gurugram Exposes ITC Fraud Scheme Involving Shell Entities Worth Rs 863 Crore

June 16, 2023 1107 Views 0 comment Print

DGGI Gurugram unmasked an Input Tax Credit fraud operation with 461 shell entities, causing a loss of Rs. 863 crore to exchequer.

Opportunity of Personal Hearing Under The GST Law

June 16, 2023 14502 Views 0 comment Print

Explore the significance of personal hearing under the GST Law, as outlined in Section 75(4) of the CGST Act. Delve into nine judicial judgments analyzing the conditions for granting personal hearings, providing insights into the legal requirements and implications for both individuals and authorities. Understand the various situations where personal hearings are mandated, ensuring a fair and just decision-making process.

Proceedings u/s 153A can be initiated only based on incriminating materials found during search of assessee’s premises

June 16, 2023 2937 Views 0 comment Print

ITAT Ahmedabad held that in the proceedings under section 153A of the Act, the assessment can only be made based on incriminating materials found/ collected during the search from the premises of the assessee. Addition unsustainable no material of incriminating nature was found from the premises of the assessee.

Claim of eligibility u/s 29A of IBC duly rejected as MSME certificate obtained subsequent to initiation of CIRP

June 16, 2023 2247 Views 0 comment Print

NCLAT Chennai held that as the Application for MSME certificate was made after the commencement of CIRP, such unauthorized Application cannot be considered and cannot tide over ineligibility under Section 29-A of the Insolvency and Bankruptcy Code, 2016.

Referring to TPO u/s 92CA invalid post omission of clause (i) of Section 92BA

June 16, 2023 1128 Views 0 comment Print

ITAT Jaipur held that referring impugned domestic transaction to TPO u/s 92CA is invalid in view of omission of clause (i) of section 92BA vide Finance Act, 2017.

Review petition dismissed as notices issued u/s 148 had valid base for triggering an enquiry

June 16, 2023 636 Views 0 comment Print

Delhi High Court held that it cannot be said that the notices issued u/s 148 of the Income Tax Act had no basis for triggering an enquiry, and therefore, were invalid. Accordingly, review petition dismissed.

CBDT Order: Scope of e-Appeals Scheme under Income-tax Act Specified

June 16, 2023 3060 Views 0 comment Print

Read the order issued by the Central Board of Direct Taxes (CBDT), Ministry of Finance, specifying the scope of the e-Appeals Scheme under sub-section (6) of section 246 of the Income-tax Act, 1961. The order outlines the categories of appeals that must be completed under the e-Appeals Scheme, except for specific cases mentioned in the order.

Registration u/s 12AA granted to trust created for managing statutory obligation of employees of parent trust

June 16, 2023 639 Views 0 comment Print

ITAT Delhi held that registration u/s 12AA to trust created for managing the statutory obligations of employees of the parent trust is granted as the same falls within the ambit of advancement of general public utility and, hence, to be considered as a charitable activity as defined u/s 2(15) of the Act.

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