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89% Individual Traders dealing in Equity F&O incurred losses: SEBI

January 29, 2023 6453 Views 0 comment Print

89% of the individual traders (i.e. 9 out of 10 individual traders) in equity F&O segment incurred losses, with an average loss of Rs. 1.1 lakh during FY22, whereas, 90% of the active traders incurred average losses of Rs. 1.25 lakh during the same period.

Gaming services are not betting/gambling- Issue of SCN is abuse of process of law

January 28, 2023 1602 Views 0 comment Print

Myteam11 Fantasy Sports Private Limited Vs Union of India (Rajasthan High Court) The petitioners have been served with a show cause notice under Section 74(1) of the Central Goods & Services Tax, 2017(for short ‘CGST, 2017’) alleging that the petitioner-Company by misclassifying their supply as service instead of actionable claims which are goods and by […]

Assessment order passed in the name of non-existing entity is null & void ab initio

January 28, 2023 2580 Views 0 comment Print

DCIT Vs Barclays Global Service Centre Private Limited (ITAT Pune) The issue that arises for our consideration is whether or not an assessment order passed in the name of amalgamating company i.e. non-existing company, is valid in the eyes of law. There is no dispute about the fact that the factum of amalgamation was put […]

NCLT prescribed Dress Code

January 27, 2023 2931 Views 0 comment Print

NCLT Dress Code for President, Members, Legal Practitioner, Authorised Representative, IRP/RP/Liquidator and parties in person File No. 25/02/2023-NCLT NATIONAL COMPANY LAW TRIBUNAL 6th Floor, Block-3, CGO Complex, Lodhi Road, New Delhi- 110003 Dated: 27th January 2023 ORDER In supercession of National Company Law Tribunal (NCLT)’s order dated 02.08.2016 and 14.11.2017, and in exercise of the […]

Verizon India eligible for refund of Cenvat on Services to Verizon USA rendered as principal service provider

January 27, 2023 2337 Views 0 comment Print

Verizon India Pvt. Limited Vs Commissioner of Service Tax (CESTAT Delhi) The case of Revenue is that the location of service provider/appellant is in India and further in terms of Rule 9 of POPS, the service provided, being intermediary services, the location of the service provider under Rule 9 of POPS, shall be the place […]

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

January 27, 2023 1404 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 636 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 1134 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 1233 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 1650 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

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