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Disqualified directors of defaulting companies permitted for new appointment and reactivation of DSC/DIN

August 3, 2021 4896 Views 0 comment Print

HC set aside disqualification of the directors of the defaulting Company and provided an opportunity to the disqualified directors of the struck off Company under Companies Fresh Start Scheme, 2020 (Scheme) to be appointed as directors of other/new companies, provided the directors have gone a substantial period of their disqualification.

HC Accepted Department’s apology & recalled CBI inquiry over automated mail

August 3, 2021 1080 Views 0 comment Print

Three C Homes Pvt. Ltd. Vs. ACIT (Delhi High Court) Assistant Commissioner of Income Tax (Respondent) filed an application for modification/ recall of the order dated July 16, 2021 (Impugned Order), passed in W.P. (C) No. 5912/2021 dated July 16, 2021, directing Central Bureau of Investigation (CBI) to enquiry on doubtful Income Tax Department’s action […]

No Demand can be raised during investigations: Telangana HC

August 3, 2021 5703 Views 0 comment Print

The petitioner, being an assessee under Telangana GST Act, 2017, CGST Act, 2017, and IGST Act, 2017 is issued a letter specifying, Input Tax Credit (ITC) availed by them are on the basis of fake invoices issued by certain fictitious suppliers/firms. The letter further specifies that, ITC availed by the petitioner is in a fraudulent manner without receiving any material, and the petitioner was requested to reverse ITC on such invoices.

Section 54F deduction cannot be denied merely for non-registration of conveyance deed

August 3, 2021 3540 Views 0 comment Print

ITAT- Held that, benefit of deduction under Section 54F of the IT Act cannot be denied to the Respondent merely on the ground that conveyance deed has not yet been got registered particularly when the Respondent is proved to be in possession of the property in question out of which the Respondent was already owner in possession of 1/3rd share since 2008 after making a complete payment of the sale consideration to the vendors and has duly proved possession over the property by way of electricity and water charges bills.

Transfer of unutilized ITC in GST cannot be denied on account of technical glitches

August 3, 2021 4260 Views 0 comment Print

Unutilised ITC is an asset and a statutory right in the hands of the dealer that cannot be defeated by any procedural rules on account of technical glitches. Further held that, granting an opportunity of hearing is only to enable the process of decision-making simpler and it is one of the basic principles of natural justice and such technical issues do not stand in the way of rendering justice.

MDEs & parts thereof taxable @ 5% if supplied exclusively to shipyard & Indian Navy

August 2, 2021 1299 Views 0 comment Print

In M/s. MAN Energy Solutions India Pvt. Ltd. [GST-ARA, Application No. 56 dated October 17, 2019], M/s. MAN Energy Solutions India Pvt. Ltd. (Applicant) has sought an advance ruling on, whether the supply of marine diesel engines (MDEs) and parts exclusively and directly to shipyards or Indian Navy by the Applicant for use in manufacture […]

No NCCD leviable on hydrocarbons for not being marketable

August 2, 2021 1086 Views 0 comment Print

The Appellants contended that the mixture manufactured by the Respondents is Natural Gas Liquid (NGL) in contrast to which the Respondents submitted that the above is rather gas condensate on which NCCD should not be levied.

Tertiary Treated water is purified water taxable @18%

July 31, 2021 1308 Views 0 comment Print

Applicant has processed the sewage water which contains various kinds of organic and inorganic impurities. Noted that the sewage water cannot be used, in any way, in its original form, it can only be used after it is purified and is not used for drinking.

HC directed Revenue Department for early disposal of representation made by assessee on charging of interest for delayed payment

July 31, 2021 1101 Views 0 comment Print

The Hon’ble Madras High Court directed the Respondent, to consider the Representation submitted by the Petitioner and pass an order on merits and in accordance with law and by affording an opportunity to the Petitioner, as expeditiously as possible, preferably within a period of twelve weeks.

Tax evasion cannot be presumed merely based on e-way bill expiry

July 30, 2021 3357 Views 0 comment Print

The Hon’ble Telangana High Court in Satyam Shivam Papers Pvt. Ltd. v. Assistant Commissioner ST & Ors. [Writ Petition No. 9688 of 2020 dated June 2, 2021] set aside the order in Form GST MOV-09 passed by the Revenue Department, imposing tax and penalty on the assessee due to the expiry of the e-way bill […]

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