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

January 23, 2023 1014 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 609 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 4365 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 1575 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 1032 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. […]

No section 40(a)(i) disallowance based on amendment with retrospective effect

January 23, 2023 1098 Views 0 comment Print

DCIT Vs Allsec Technologies Ltd (ITAT Chennai) ITAT held that the assessee cannot be expected to deduct TDS on payment made to non-residents on the basis of subsequent amendment to the law with retrospective effect from earlier date, because the assessee cannot foresee the amendment and deduct TDS and hence, we are of the considered […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 840 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

Cenvat Credit not eligible on Rent-a-Cab service if Assessee not in business of renting vehicles

January 23, 2023 2385 Views 0 comment Print

N R Agarwal Industries LTD Vs C.C.E. & S.T. (CESTAT Ahmedabad) Limited issue involved is whether the appellant is eligible for Cenvat credit in respect of Rent-a-Cab service. Both the lower authorities have denied the Cenvat credit on the ground that the said service is excluded for allowing the Cenvat credit as per exclusion Clause […]

SEBI introduces Information database and Repository on Municipal Bonds

January 22, 2023 1209 Views 0 comment Print

SEBI to provide a common platform for stakeholders to discuss the concerns of the issuers of Municipal Debt Securities, the requirements of investors, the extant regulatory framework and to recommend measures to increase awareness of and improve traction in the market for Municipal Debt Securities.

EPCG Scheme Relaxed for Sectors Affected by COVID-19 Pandemic

January 21, 2023 1512 Views 1 comment Print

COVID-19 relief for sectors! Indian government relaxes EPCG Scheme for Hotel, Healthcare, and Educational sectors. No average export obligation for 2020-21 and 2021-22, and option to extend the obligation period.

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