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RBI extends deadline for renewal of bank locker agreements

January 23, 2023 3042 Views 0 comment Print

In many cases, the banks are yet to inform the customers about the need for renewal of agreements before January 1, 2023. Further, there is a need for revision in the Model Agreement drafted by the Indian Banks’ Association (IBA) to fully comply with the revised instructions.

RBI designate Sovereign Green Bonds under ‘Fully Accessible Route’ for Investment by Non-residents

January 23, 2023 1995 Views 0 comment Print

RBI designate all Sovereign Green Bonds issued by the Government in the fiscal year 2022-23 as ‘specified securities’ under FAR.

No section 271B penalty for Non fling of tax audit report due to Reasonable cause

January 23, 2023 2715 Views 0 comment Print

When assessee entertained bona-fide belief that its account were not subject to audit u/s 44AB, it would certainly constitute reasonable cause for not obtaining the audit report and, therefore, question of imposing of penalty u/s 271B does not arise.

HC directs processing of GST refund withheld for wrong reflection of GST registration status

January 23, 2023 384 Views 0 comment Print

Delhi High Court case: Anuj Gupta seeks GST refund. Issue with GSTN registration. Court directs examination of GSTR 2A format. Refund processing timeline set.

No penalty for GST refund credited due to mistake of revenue authorities

January 23, 2023 516 Views 0 comment Print

So far as the penalty is concerned on such refundable amount, petitioner is not liable to pay the same since admittedly the respondent/revenue authorities’ own case is that the amount of refund in question was paid to the petitioner due to mistake on their part and for no fault on the part of the petitioner.

HC directs revocation of GST Registration cancellation order on payment of interest & penalty

January 23, 2023 873 Views 0 comment Print

Authority concerned to revoke the impugned order of cancellation of GST registration immediately, if petitioner pays interest and penalty within two weeks from date.

Writ Jurisdiction of HC cannot be invoked on the ground that reasons recorded are not well-reasoned

January 23, 2023 363 Views 0 comment Print

Lakshya Vintrade Private Limited Vs Union of India And Ors. (Calcutta High Court) The sole ground by the petitioner for challenging the impugned order under Section 148A(d) of the Act is that the same is not a speaking order and the reasons recorded therein are not well-reasoned and satisfactory which according to me cannot be […]

Cheque Bounce case: Adjudication in civil matters is based on preponderance of probabilities

January 23, 2023 3846 Views 0 comment Print

Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on the principle that the accused is presumed to be innocent and the guilt of the accused should be proved to the hilt and the proof should be beyond all reasonable doubt.

Explanation 2 appended to Section 37(1) related to CSR expenses is prospective

January 23, 2023 1020 Views 0 comment Print

PCIT Vs Steel Authority of India Ltd. (Delhi High Court) Undisputedly, the departmental authorities have disallowed the CSR expenses, firstly, on the reasoning that it is of capital nature, and secondly, it is not incurred wholly and exclusively for the purpose of business. As per section 135 of the Companies Act, 2013, every company having […]

Transfer of Leasehold Right not warrant invoking of section 50C(1)

January 23, 2023 744 Views 0 comment Print

Shri Narendra Shantikumar Firodia Vs DCIT (ITAT Pune) Phraseology in section 50C(1) of the Act only covers exclusively land or building or both and does not refer to any right in land or building. Thus, the expression land or building in its coverage is quite distinct from the expression any right in land or building. […]

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