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Archive: 02 September 2023

Posts in 02 September 2023

Manufacturing of tugs and barges cannot be classified under Manpower Recruitment or Supply Agency Service

September 2, 2023 333 Views 0 comment Print

CESTAT Ahmedabad held that activity of manufacturing of tugs and barges cannot be classified as supply of manpower and hence cannot be taxed under the category of Manpower Recruitment or Supply Agency Service.

Clarification order didn’t reasoned why Senquel-AD Mouthwash is not classifiable as medicament- HC directs re-adjudication

September 2, 2023 327 Views 0 comment Print

Kerala High Court held that clarification order accepts classification of Clohex and Clohex Plus as medicament, based on the fact that they were manufactured under a drug licence. However, there is no reason discernible from clarification order as to why Senquel-AD Mouthwash which is presented in a similar form cannot also be classified as a medicament.

Action against appellate authority order kept on hold till GSTAT is constituted

September 2, 2023 1002 Views 0 comment Print

Himachal Pradesh High Court allowed the writ petition and directed department not to act in furtherance of order passed by appellate authority till the time appellate tribunal in term of Section 109 of the Himachal Pradesh Goods and Services Tax Act, 2017 is constituted.

AO not empowered to withdraw or modify or substitute assessment order passed by him

September 2, 2023 1119 Views 0 comment Print

ITAT Delhi held that law does not confer any power on the Assessing Officer to either withdraw or modify or substitute one assessment order passed by him earlier with another assessment order subsequently.

PMLA: Bail rejected as satisfactory explanation regarding huge fixed assets & cash not furnished

September 2, 2023 474 Views 0 comment Print

Patna High Court held that as Petitioner failed to furnish satisfactory explanation regarding huge fixed assets and cash available with him, bail application of the Petitioner is rejected.

Specified domestic transactions adjustment invalid after 01.04.2017

September 2, 2023 495 Views 0 comment Print

Finance Act, 2017 removed clause (i) of section 92BA, effectively nullifying any decisions made by the Assessing Officer under this section. Reference to the TPO under section 92CA also becomes invalid

India’s High Level Committee on One Nation, One Election: What You Need to Know

September 2, 2023 2166 Views 0 comment Print

India’s High Level Committee to examine the issue of One Nation, One Election. Learn about its constitution, members, and key responsibilities.

Mere Non-Appearance of Supplier Doesn’t Invalidate Transaction: ITAT Delhi

September 2, 2023 984 Views 0 comment Print

ITAT rules that an assessee isn’t responsible for a non-responsive supplier when purchases were made in earlier years. Lack of supplier’s response to a section 133(6) notice doesn’t invalidate the transaction.

Section 270A Penalty is not automatic & necessitate a substantial misrepresentation or suppression of facts

September 2, 2023 2508 Views 0 comment Print

ITAT Chennai rules in the case of Kannappan Vijayalakshmi vs ITO, stating that the mere non-acceptance of a claim by the assessee doesn’t mean automatic penalty under section 270A(9)(a). Explore the detailed analysis and implications.

Dues under MSMED Act 2006 would not prevail over SARFAESI Act: SC

September 2, 2023 876 Views 0 comment Print

Supreme Court held that dues under Micro, Small, and Medium Enterprises Development Act, 2006 would not prevail over SARFAESI Act.

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