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Archive: June, 2023

Posts in June, 2023

CBIC extends Due Date for GSTR-3B Filing in Manipur for April & May 2023

June 20, 2023 2268 Views 0 comment Print

CBIC issued Notification No. 15/2023 under the Central Goods and Services Tax Act. The notification extends the due date for filing the GSTR-3B return for the month of April 2023 and May 2023 until June 30, 2023. This extension is applicable to registered persons whose principal place of business is in the state of Manipur […]

No Disallowance under Section 14A Without Earned Exempt Income

June 20, 2023 2199 Views 0 comment Print

ITAT Chennai in ACIT vs ETA Star Property Developers Limited case, ruled against disallowance under Section 14A in absence of earned exempt income

Refund allowed by Appellate Authority cannot be ignored on ground that Revenue decided to challenge such Order

June 20, 2023 1641 Views 0 comment Print

High Court held that the Order of Appellate Authority allowing refund to assessee cannot be ignored solely because Revenue decided to challenge the order allowing refund, directed the Revenue to disburse refund along with interest and clarified that Revenue is not precluded from availing any remedy and in case Revenue succeeds they would be entitled to recovery the amount disbursed.

Unused CENVAT Credit does not incur any interest liability: CESTAT Kolkata

June 20, 2023 1467 Views 0 comment Print

CESTAT, Kolkata made a significant ruling regarding the amendment in Rule 14 of CENVAT Credit Rules, 2004. Previous version of the rule stated ‘taken or utilized,’ but it was modified to ‘taken and utilized.’ This alteration in wording clearly indicates the legislative intent to exclude the imposition of interest when the credit has been taken but not utilized.

Legal Status of Promoters under Companies Act, 2013

June 20, 2023 20142 Views 0 comment Print

Explore the legal status of promoters under the Companies Act, 2013, as they play a pivotal role in the conception, incorporation, and establishment of a business. Learn about the definition of promoters, their rights, and their fiduciary position in the company. Understand the legal implications, including the right to recover initial expenses, proportionate amounts from co-promoters, and remuneration. Delve into key legal aspects to ensure transparency and ethical conduct in the promotion of businesses.

No Penalty under Section 271(1)(c) for Additions Based on Estimates

June 20, 2023 4956 Views 0 comment Print

A comprehensive analysis of the landmark ITAT Delhi case, Sushila Goyal Vs ITO, highlighting the tribunal’s stance on penalty under Section 271(1)(c) when additions are made on an estimated basis.

Electronic service of notices invalid if assessee prefers physical notices

June 20, 2023 2763 Views 0 comment Print

In case of Chequer Marketing Pvt Ltd Vs ACIT, ITAT Delhi ruled on validity of electronic service of notices if assessee prefers physical notices

Second notice mentioned reason for cancellation of GST registration hence petitioner directed to furnish reply

June 20, 2023 1365 Views 0 comment Print

Gujarat High Court directed the petitioner to furnish their reply as second show cause notice already issued by the department containing the reasons for cancellation of GST registration.

Trade discount is not to be added in the assessable value

June 20, 2023 1884 Views 0 comment Print

CESTAT Ahmedabad held that trade discount is not includible in the assessable value hence central excise duty is not payable on the same.

Payment of self-assessment tax is an existing liability u/s 132B for adjustment of seized cash

June 20, 2023 2730 Views 0 comment Print

ITAT Delhi held that payment of self-assessment tax is an existing liability u/s 132B for adjustment of seized cash. Accordingly, interest u/s 234B of the Income Tax Act not leviable.

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