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Archive: 14 July 2023

Posts in 14 July 2023

Inspection of Place of Business by GST officials – Section 67(1)

July 14, 2023 2262 Views 0 comment Print

Explore the provisions of Section 67(1) of the CGST Act, 2017, providing insights into the power of inspection, search, and seizure by authorized GST officials. Learn about the conditions and criteria under which such powers can be invoked, safeguarding the interests of revenue and ensuring compliance.

Incentive vis a vis Discounts – Progeny of Erstwhile Tax Regime

July 14, 2023 2451 Views 0 comment Print

Although with the advent of E-commerce, the distance between a manufacturer and an end consumer is reducing day by day, however, the age-old system of a supply chain consisting of manufacturers, depots, stockiest, distributors, wholesalers, retailers etc. is still in existence.

Mere passport insufficient to confirm assessee’s US tax residency

July 14, 2023 684 Views 0 comment Print

An in-depth analysis of the case Parag Bhikhubhai Patel vs ITO, exploring implications of using passports to confirm US tax residency for NRIs under India-USA Tax Treaty

Navigating the Disintegration of Sums in Disputes: Resolving Arbitration Fee Disputes

July 14, 2023 810 Views 0 comment Print

Unraveling the complexities of arbitration fee disputes and the interpretation of ‘Sum in dispute’ in the Fourth Schedule under the Arbitration and Conciliation Act. Insights from the Supreme Court’s landmark decision in Oil and Natural Gas Corporation Ltd. v. Afcons Gunanusa JV.

Provisions of section 2(15) doesn’t apply to corpus fund donation of a charitable institution

July 14, 2023 693 Views 0 comment Print

ITAT Visakhapatnam held that contributions received for charitable purpose cannot be treated as income u/s 2(24)(iia) of the Act and hence, the provision of section 2(15) do not apply to the corpus fund donations of a charitable institution.

Ex-parte order passed without considering submission is non-speaking order

July 14, 2023 2259 Views 0 comment Print

ITAT Jaipur held that ex-parte order passed without considering and dealing with the submission of the assessee is a non-speaking order. Accordingly, matter remanded.

Service tax under RCM not leviable for bank charges paid by Indian Bank to Foreign Bank

July 14, 2023 1059 Views 0 comment Print

CESTAT Ahmedabad held that as appellant is not a service recipient, service tax cannot be demanded from the appellant under reverse charge mechanism (RCM) in case of bank charges paid by Indian Bank to Foreign Bank and reimbursed from the appellant.

Withholding of seized gold in absence of any outstanding demand is unjustified

July 14, 2023 669 Views 0 comment Print

Gujarat High Court held that since the order passed by the Appellate Authority has attained finality and no demand is outstanding against the appellant, it is unjustified to withhold the seized gold. Accordingly, directed to release the remaining gold at the earlier.

ITAT Guwahati directs re-adjudication for insufficient opportunity to assessee

July 14, 2023 228 Views 0 comment Print

A detailed overview of ITAT Guwahati’s ruling in the case of S.B. Traders Vs ACIT, where the Tribunal called for re-adjudication due to insufficient opportunity provided to the assessee.

Exemption of RRBs from certain provisions of Competition Act

July 14, 2023 606 Views 0 comment Print

Ministry of Corporate Affairs has issued a notification granting Regional Rural Banks (RRBs) exemption from certain provisions of Competition Act for a period of five years. Learn more about this exemption and its implications for RRBs in India.

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