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E-way Bill not necessary for transporting personal effects including motor vehicles

October 14, 2021 7077 Views 1 comment Print

Hon’ble Kerala High Court in the current application observed that the motor vehicle was detained only on the ground of not having E-way Bill. Under Rule 138(14)(a) of the KGST Rules the goods classifiable as used, personal and household effect are exempted from the requirement of E-way Bill.

Allowability of freebies by Pharma Companies to Doctors; ITAT Mumbai refers matter to larger bench

October 14, 2021 2673 Views 0 comment Print

In this case ITAT Mumbai has recommended constitution of a larger bench to decide on whether expenditure for providing freebies to medical professionals can be allowed as a deduction in accordance with Section 37(1) of the Income Tax Act, 1961

Advance ruling cannot be obtained in respect of past & completed supply

October 14, 2021 1821 Views 0 comment Print

Mah AAR rejected the subject application as being non-maintainable as per Section 95 of the CGST Act because the Applicant has firstly raised questions as a recipient of services and secondly the questions are in respect of past and completed supply as on the date of the application and not a supply, which is being undertaken/proposed to be undertaken.

NCLAT: Revision of GST assessment is beyond jurisdiction of RP, not sustainable in law

October 13, 2021 2223 Views 0 comment Print

NCLAT remarked that the revision of the GST assessment order was beyond the jurisdiction of the RP and the RP was not having the adjudicatory power given by the GST Law

Pre-deposit for filing appeal under GST to be paid through electronic cash ledger

October 13, 2021 3414 Views 1 comment Print

According to the Respondent, the pre-deposit cannot be equated to the output tax and this liability of pre-deposit could be discharged only by debiting the ECL as provided under Section 49(3) of the OGST Act read with Rule 85(4) of the OGST Rules.

A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected

October 13, 2021 1083 Views 0 comment Print

Balaji Services Vs Union of India and others (Madhya Pradesh High Court) A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected The Hon’ble Madhya Pradesh High Court in M/s Balaji Publicity vs. Union of India and others [WP No.3133/2021 and W.P. No.3130/2021 decided […]

Irrecoverable Loss due to Technical Snags & Bad Weather Conditions allowable

October 13, 2021 549 Views 0 comment Print

Fact that the business of Alliance Agro could not take off properly due to technical snags and the bad weather conditions reinforces the assessee’s claim of having genuinely incurred loss of Rs.1.43 core for its business purpose which became irrecoverable loss.

S. 153A Addition based on mere Statement of One Dummy Director not sustainable

October 12, 2021 2058 Views 0 comment Print

Action of the Ld. CIT(A) in confirming the addition of Rs.75 lakhs on the basis of sole statement of one dummy director, recorded during the survey action in case of that company, without confronting the same to the assessee, cannot be held to be justified.

TDS not deductible by distributor for mere routing of commission paid to retailers by telecom company through his ledger

October 12, 2021 2865 Views 0 comment Print

Laxmi D. Gupta Vs ITO (ITAT Mumbai) ITAT: Telecom Distributor is exempt from TDS on Commission given directly to Retailers by Service Provider In the case, the Appellant is engaged in distribution of SIM cards and mobile recharge coupons of Uninor. During proceedings, upon perusal of financial statements, the AO disallowed the expenses claimed by […]

ICAI Should Give Reasons for its Decisions to De-Register A CA: SC

October 11, 2021 3288 Views 0 comment Print

D.K. Agrawal Vs Council of Institute of Chartered Accountants of India (Supreme Court of India) Hon’ble Supreme Court held that the Council of Institute of Chartered Accountants of India (Respondent) needs to necessarily record reasons in its report as to why a CA must be de-registered. It has been held that the Respondent needs to […]

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