"23 November 2023" Archive

Delay in Constitution of CSR Committee (Section 135(1): MCA Imposes Penalty

Order File No. ROC(B)/Adj.Order 454-135/Mukka Proteins Co.No.055771/2023               23/11/2023

Explore the adjudication order against Mukka Proteins Limited for violating Companies Act, 2013, Section 135(1). Understand penalties imposed on the company and key personnel....

Indian exporter not receiving services from foreign bank not liable to pay services tax under reverse charge

Samsung Electronics India Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Allahabad)

CESTAT Allahabad held that in case of foreign export proceeds, the Indian Exporters are not the recipient of services from the Foreign Bank/ intermediary bank. Accordingly, demand of service tax as service recipient on bank charges thereon unjustified....

Violation of Section 14 & Article of Association- MCA Imposes Penalty

Order No. ROC/UK/Dehra Dun Club/Penalty Order/2023/1119 to 1122 23/11/2023

Read about the penalty imposed by MCA on Dehra Dun Club for violating Section 14 of the Companies Act, 2013. Explore the details of the adjudication order and the consequences....

Delay in Remuneration & Nomination Committee Constitution: MCA Imposes Rs. 12 Lakh Penalty

Order File No. ROC(B)/Adj.Ord.454-178/Mukka Proteins/Co.No.055771/2023       23/11/2023

Explore the adjudication order against Mukka Proteins Limited for violating Companies Act, 2013, Section 178(1). Learn about penalties imposed on the company and its directors....

Levy of interest u/s. 115P for short payment of DDT not being part of order u/s. 143(3) cannot be revised u/s. 263

Bijni Dooars Tea Company Ltd. Vs PCIT (ITAT Kolkata)

ITAT Kolkata held that revision of assessment order passed u/s. 143(3) unsustainable as levy of interest u/s. 115P of the Income Tax Act for short payment of Dividend Distribution Tax (DDT) u/s. 115-O of the Income Tax Act, which comes under a separate Chapter, was not part of assessment order....

Manufacture of High Security Registration Plates in Himachal Pradesh eligible for area based exemption

Real Mazon India Ltd Vs Additional Director General (Adjudication) (CESTAT Delhi)

CESTAT Delhi held that area based exemption in terms of Notification No. 50/2003 dated 10.06.2003 available as manufacture of High Security Registration Plates is concluded in Himachal Pradesh only....

Denial of ITC for difference in GSTR-2A and GSTR-3B for tax period 2017-2018 unsustainable

Raju Joseph Vs State Tax Officer (Kerala High Court)

Kerala High Court held that denial of input tax credit merely on the ground of difference between Form GSTR -2A and Form GSTR-3B for tax period 2017-2018 unsustainable. The matter is remitted back to the Assessing Authority to reconsider claim of ITC irrespective of Form GSTR 2A...

Income tax return supporting claim of income sufficient for determining compensation in road accident

U P State Road Transport Corporation Vs Jitender Kumar Rana & Anr (Delhi High Court)

Delhi High Court held that while determining compensation for injuries suffered in the road accident only documentary evidence in form of Income Tax Return in support of the claim of income is sufficient....

No Section 14A disallowance when no exempt income earned: Madras HC

CIT Vs Chettinad Logistics Pvt. Ltd. (Madras High Court)

Explore the CIT vs Chettinad Logistics case from Madras High Court. Analysis of Section 14A disallowance, Rule 8D, and its impact on income tax assessments....

Mere suppression of facts not enough for invoking extended period of limitation

Dinesh Chandra R Agarwal Infracon Pvt Ltd Vs Commissioner of CGST & C.Ex – Gandhinagar (CESTAT Ahmedabad)

CESTAT Ahmedabad held that mere suppression of facts is not enough for invoking extended period of limitation. There must be a deliberate and wilful attempt on the part of the assessee to evade payment of duty....

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