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Calcutta HC Directs Re-Adjudication of Time-Barred IGST Refund Claim Based on Unconstitutional Notification

June 14, 2023 576 Views 0 comment Print

Calcutta High Court mandates re-evaluation of ETC Agro Processing’s time-barred IGST refund, overturning denial based on an unconstitutional notification.

Regulatory Framework for Execution Only Platforms in Mutual Fund Direct Plans

June 13, 2023 1029 Views 0 comment Print

SEBI has issued a circular introducing a regulatory framework for Execution Only Platforms (EOPs) facilitating transactions in direct plans of mutual fund schemes. This circular addresses the need for a specific framework for technology/digital platforms to provide execution-only services and obtain data feeds. Discover the guidelines for EOPs and the balance between investor convenience and […]

After approval of insolvency resolution plan no demand can be raised for the period prior to specified date

June 13, 2023 4791 Views 0 comment Print

Law is well-settled that with the finalization of insolvency resolution plan and the approval thereof by the NCLT, all dues of creditors, Corporate, Statutory and others stand extinguished and no demand can be raised for the period prior to the specified date.

GST Search authority can pass order of demand & penalty under Section 130

June 13, 2023 1008 Views 0 comment Print

Orissa High Court confirms the jurisdiction of the search and seizure authority to pass an order of demand and penalty under Section 130 of the OGST/CGST Act.

Lessor’s Right to Depreciation on Leased Assets in Finance Lease Upheld by ITAT Delhi

June 13, 2023 3432 Views 0 comment Print

In a recent case (DCIT vs. Religare Finvest Ltd) heard by ITAT Delhi, it was ruled that lessor is entitled to claim depreciation on leased assets under a finance lease agreement.

No Section 271(1)(b) Penalty if Assessment completes U/s. 143(3)

June 13, 2023 3717 Views 0 comment Print

Explore the outcome of Ramabhai Kanjibhai Patel vs DCIT where the ITAT Surat negates penalty under Income Tax Act Section 271(1)(b) when the assessment gets completed under Section 143(3).

CAAR rejects application on the ground of lack of jurisdiction

June 12, 2023 219 Views 0 comment Print

CAAR Mumbai rejects M/s. Solae Company India Private Limited’s application for advance ruling due to jurisdiction issues, as the company’s office is in Gurgaon, under CAAR Delhi’s jurisdiction, not Mumbai’s. The company had inaccurately used their logistics service provider’s address in Mumbai.

Only supplier of Goods/services can file Application for Advance Ruling

June 12, 2023 633 Views 0 comment Print

We find that Applicant M/S Uttar Pradesh Metro Rail Corporation Limited is receiver of the Goods/Services provided by the KESCO. In light of point (a) provided under Section 95 of CGST Act 2017, only supplier of the services can file Application for Advance Ruling. In this case the supplier of service is KESCO.

Manufactured chewing tobacco classifiable under CTH 24039910

June 12, 2023 891 Views 0 comment Print

Mixing scent in raw unmanufactured tobacco dust by Pandey Traders changes its character to manufactured tobacco, classifiable under CTH 24039910 as “Chewing Tobacco”, per GST AAR Uttar Pradesh ruling.

Services rendered under contract with SUDA for PMAY-U are exempt from GST

June 12, 2023 708 Views 0 comment Print

Services provided by Rudrabhishek Enterprises Limited to SUDA under PMAY-U qualify as activities related to functions entrusted to Panchayats and Municipalities, thus exempt from GST as per Notification No. 12/2017- Central Tax (Rate).

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