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Cenvat credit cannot be denied for use of prime quality materials for manufacture of final products

January 29, 2023 333 Views 0 comment Print

There is no restriction in CENVAT Credit Rules that Appellants should not use the prime quality materials for the manufacture of final products, CENVAT credit cannot be denied

Inter­state or intra-state supply – Allahabad HC Stays GST Demand Against Paytm

January 29, 2023 846 Views 0 comment Print

One of the issue raised in the present petition is that the supply of mobile recharge coupons and Direct To Home (DTH) recharge vouchers to recipients, who are located in other States, would be inter­state supply or intra-state supply.

Notice mailed to email Address not belonging to Assessee Not Amounts to Proper Service

January 29, 2023 1686 Views 0 comment Print

Barua and Company Pvt. Ltd. Vs. Union Of India & Ors. (Meghalaya High Court) The affidavit-in-reply filed by the assessee has robustly denied that the relevant email address to which the three notices of April, 2022 were issued belonged to the assesse or that such address had been furnished by any authorised officer of the […]

GST Registration cancellation order by merely Relying on System Generated Orders Not Sustainable

January 29, 2023 978 Views 0 comment Print

Rekha Saxena Vs. Commissioner of Central Goods and Services Tax (Delhi High Court) HC held that orders cancelling registration are a serious matter, they impact the registrants, and therefore, the concerned officer should carefully pen down the orders, and not rely on the system generated orders. In this case, it appears that the order dated […]

Section 56(2)(vii) applies to purchaser of capital asset & Section 50C to Buyer

January 29, 2023 3606 Views 1 comment Print

Bharat Keshavlal Shah Vs PCIT (ITAT Pune) Lastly comes the issue of section 56(2)(vii) made applicable in assessee’s case on account of alleged difference between stamp valuation and actual purchase consideration qua the sale deed executed in the relevant previous year. A perusal of the said sale deed dated 31.12.2013, and more particularly, the schedule […]

ICSI Presentation On MCA21 V3 Company module – Set 2 of 56 forms

January 29, 2023 2580 Views 0 comment Print

PRESENTATION ON MCA21 V3 Company module – Set 2 forms 23rd January 2023 Go-Live Set 2 – Forms Count Description Count of Forms 1 Set 2 [Incorporation forms] 10 2 Set 2 [Other forms] 46 TOTAL 56 Set 2– Incorporation forms Sl.No. Form Num Form Name Rule chapter 1 SPICe+ PART A Application for reservation […]

ITAT quashes Assessment completed without considering valid revised return

January 27, 2023 393 Views 0 comment Print

Since the revised return of income was filed on 19.03.2015 u/s 139(4) of the Act, it was a valid revised return as per the law in force at that time. In such a scenario, the AO ought to have considered the revised return of income for assessing the income of assessee.

Section 54 exemption not Allowable if Builder not Started Construction

January 27, 2023 3075 Views 0 comment Print

There is no evidence of any construction activity or of the fact that assessee has invested the proceeds in statutory deposits and then spent any proceeds of the sales consideration of two properties he had sold, into the construction over this plot. Thus the property in which part investments of capital gains was done continued to be plot for all purposes and intent, for the assessee in the period when construction was to atleast to be started, if not completed.

Section 148A(b) notice invalid if approval is not granted by appropriate authority

January 27, 2023 2625 Views 0 comment Print

Assessment year involved for reopening of assessment is assessment year 2016-2017 and appropriate authority for grant of approval in such case are authorities under Section 151(ii) of Income Tax Act, 1961.

Delisting of Shares – Exclusion of shares transferred to IEPF for calculating 90% of shares tendered by public shareholders

January 27, 2023 2658 Views 0 comment Print

Chapter IV of the Delisting Regulations, which states that shares transferred to the Investor Education and Protection Fund’s account shall be excluded while calculating 90% of shares tendered by public shareholders for successful completion of delisting offer.

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