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GST AAAR not empowered to condone the delay beyond the prescribed period

September 10, 2022 6723 Views 0 comment Print

In re Sairam Gopalkrishna Bhat (GST AAAR Karnataka) The proviso to Section 100(2) empowers this Authority to condone a further delay of 30 days if it is satisfied that the Appellant was prevented by sufficient cause from filing the appeal within the prescribed period of 30 days. This grace period which is available to the […]

Objective of giving show cause notice is not an empty formality: HC

September 9, 2022 3840 Views 0 comment Print

Riddhi Siddhi Collection Vs Union of India and Ors (Bombay High Court) HC held that The objective of giving show cause notice is not an empty formality. The objective is to make the party aware of the case it has to meet. Thus time is given to respond to the same. The reduction of time […]

No section 40A(3) addition for Cash Payments to Agriculturists for crop

September 9, 2022 2502 Views 0 comment Print

Bappanalli Brothers Vs ACIT (ITAT Banglore) CIT(A) concluded that the payments were not made directly to the cultivator and therefore the Assessee has not proved existence of circumstances set out in Rule 6DD(e) of the rules. ITAT held that The reasons given by the CIT(A) for treating the payment in question not to the Agriculturists […]

Cenvat credit eligible on HR Sheets/Coils & welding electrodes used for lining & Maintenance of plant

September 9, 2022 885 Views 0 comment Print

Whether HR Sheets/ Coils & welding electrodes which are used for lining plant & in its maintenance qualify as inputs under Cenvat Credit Rules

Company not appointed internal auditors – MCA imposes penalty

September 8, 2022 5124 Views 0 comment Print

Indira IVF Hospital Private Limited, along with key officers, recently underwent an adjudication process for failing to appoint internal auditors as mandated by Section 138 of the Companies Act, 2013. This article provides a detailed analysis of the violation, the arguments presented, and the penalty imposed by the Registrar of Companies, Rajasthan, Jaipur. The case […]

Section 271(1)(c) Penalty proceedings initiated against Assessee cannot continue against Legal Heir

September 8, 2022 2037 Views 0 comment Print

Impugned Section 271(1)(c) Penalty proceedings imposed by AO is not maintainable against assessee’s legal heir under section 159 of Act

Conversion of proprietary concern into a Pvt. Ltd. Company – No Capital Gains on Transfer of Goodwill acquired by incurring cost

September 7, 2022 1770 Views 0 comment Print

ITAT held that even if you invoke provisions of Sec.47A(3) of the Act, to withdraw exemption granted u/s.47(xiv)(b) of the Act, but, in principle there cannot be any capital gains on transfer of goodwill, because, said goodwill is not self-generated or created on account of conversion of proprietary concern into a Pvt. Ltd. Co., but acquired by incurring cost.

Revenue cannot be restrained from collecting GST when Adverse Order sustains

September 6, 2022 678 Views 0 comment Print

An order has passed holding the issue adverse to interests of petitioner. So, prayer of petitioner for a mandamus forbearing respondents from levying, collecting or recovering GST does not arise.

SCN cannot be issued after expiry of period to maintain records

September 5, 2022 1929 Views 0 comment Print

Union of India Vs Citi Bank, N.A. (Supreme Court) It is a settled proposition of law that when the proceedings are required to be initiated within a particular period provided under the Statute, the same are required to be initiated within the said period. However, where no such period has been provided in the Statute, […]

SVLDRS benefit cannot be denied for Section 125 GST Enquiry notice after cut-off date

September 5, 2022 708 Views 0 comment Print

Sonjoli Construction Co. Vs Union of India (Rajasthan High Court) Petitioner submitted that the petitioner was entitled to apply under the SVLDR Scheme and he filed the timely application and deposited the due tax amount under the said Scheme. However, application filed by the petitioner has been rejected only an erroneous ground that audit had […]

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