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Mistakes by NRI in ITR – ITAT directs AO to consider rectification application on merits

January 27, 2023 1098 Views 0 comment Print

Prasanta Kumar Mishra Vs ACIT (ITAT Cuttack) Admittedly, the assessee individual is a non-resident Indian and the facts clearly show that the return has been filed with mistakes. These mistakes can admittedly be rectified by filing a rectification application. The rectification application admittedly is not being considered on account of the limitation provided u/s. 154(7) […]

Bullion Trading Members and Clearing Members in IFSC

January 27, 2023 474 Views 0 comment Print

This has reference to IFSCA’s circular F.No.329/IFSCA/Bullion MIIs/2021 dated September 17, 2021 regarding the captioned subject. It has been decided to extend the 6 month period specified in paragraphs 3 and 4 of the aforementioned circular by an additional period of 6 months i.e., till July 28, 2023.

Section 234C: PMS performance fees cannot be estimated for advance tax calculation

January 27, 2023 774 Views 0 comment Print

PMS performance fees cannot be estimated before hand for the purpose of calculation of advance tax payable during the year because of uncertainty about the equity market since the performance fees can be ascertained by the assessee only on the last day of the year based on the stock market position as at the end of that day. I

High Court can’t answer classification of products under Customs Tariff Act as it requires Technical Analysis: Calcutta HC

January 27, 2023 948 Views 0 comment Print

Writ Jurisdiction under Article 226 of the Constitution of India Writ Court should not scrutinise an adjudicating authority’s decision itself, by acting as an appellate authority over such order of the authority and substitute the findings of an authority by reappreciating the evidence and material and more particularly the nature of a case like this.

Anti-profiteering: HC stays recovery of interest & penalty from NY Cinemas LLP

January 26, 2023 1458 Views 0 comment Print

High Court granted stay of recovery of interest and penalty however directed to deposit profiteered amount in instalments and also granted stay of notice expanding scope of anti-profiteering investigation

e-bill expired without any fraudulent intent – HC Quashes Penalty order

January 26, 2023 3729 Views 0 comment Print

Orson Holdings Company Limited Vs Union of India (Gujarat High Court) 1. At the time of issuance of notice on 7.12.2018 in this petition which is filed under Article 226 of the Constitution of India, this Court has passed the following order: “1. This petition challenges the constitutional validity of rule 138(10) of the Central […]

GST Registration cancellation: HC Quashes Appellate Authority order

January 26, 2023 1230 Views 0 comment Print

Siddharth Associates Vs State Tax Officer (Gujarat High Court) 1. The petitioner is before this Court seeking to challenge the action of the respondent authority essentially on two counts firstly, because the order of cancellation of registration is in breach of principle of natural justice being very cryptic and non-reasoned order and secondly, the appellate […]

Launch of New GST Reports in ADVAIT

January 25, 2023 16623 Views 0 comment Print

ADVAIT has a variety of reports, dashboards and data science models that offer deep insights into taxpayer behaviour and compliance. Continuing with its endeavour to promote data-driven action, ADVAIT team is happy to announce the launch of five new GST reports on the portal.

RBI discussion Paper on Securitisation of Stressed Assets Framework

January 25, 2023 954 Views 0 comment Print

Discussion Paper on Securitisation of Stressed Assets Framework (SSAF) broadly covers nine relevant areas of the framework including asset universe, asset eligibility, minimum risk retention, regulatory framework for special purpose entity and resolution manager, access to finance for resolution manager, capital treatment, due diligence, credit enhancement, and valuation.

SEBI underlines need for analysis & disclosure of risks of trading in F&O

January 25, 2023 726 Views 1 comment Print

There has been a significant increase of over 500% in the number of individual traders in the equity F&O segment in FY 2021-22, as compared to FY 2018-19. 98% of individual traders in the equity F&O segment traded in options during FY 2021-22.

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