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Non Filing of Charge Sheet cannot be a ground for Cancellation of Bail

January 5, 2021 3636 Views 0 comment Print

On the ground that charge sheet was not filed within the prescribed period, an application for bail under Section 167(2) Cr.P.C. was filed by the appellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed.

ITAT directs AO to delete Section 40(a)(ia) disallowance in Tata Sky case

January 5, 2021 2355 Views 0 comment Print

Tata Sky Limited Vs ACIT (ITAT Mumbai) By virtue of this Miscellaneous Application, the assessee on a limited aspect seeks to recall the order of this Tribunal on one particular issue alone with regard to upholding the disallowance made u/s.40(a)(ia) of the Act on year end provision for expenses on the ground that while rendering […]

TDS on Common area maintenance charges- TDS U/s. 194I or 194C?

January 5, 2021 46203 Views 0 comment Print

Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi) Hon’ble Court held that maintenance charges must form a part of the rent while calculating the annual value of property u/s 23(1) of the Act for the purpose of Section 22 of the Act. However, in the present assessee company’s case, the common area maintenance charges […]

GST: Stop mechanical & Casual bank account attachment: HC

January 4, 2021 3255 Views 0 comment Print

We have noticed over a period of time that in each and every matter in which proceedings under Section 67 of the Act are initiated, an order of provisional attachment of the bank accounts under Section 83 of the Act would follow.

ITC under GST of ex-Director cannot be blocked to recover VAT Dues of Company

January 4, 2021 1494 Views 0 comment Print

Nipun A Bhagat Vs State of Gujarat (Gujarat High Court) Whether Rule 86A of the CGST Rules, 2017 can be exercise for the purpose of blocking the input tax credit available in the credit ledger account of the writ applicant for the purpose of recovering the dues of Dolphin Metals (India) Limited. At the outset, […]

Advisory for RoDTEP (Remission of Duties and Taxes on Exported Products) Incentive Scheme

January 4, 2021 8217 Views 1 comment Print

A new scheme, RoDTEP (Remission of Duties and Taxes on Exported Products) has been launched by the government for exporters. The scheme provides for rebate of Central, State and Local duties/taxes/ levies which are not refunded under any other duty remission schemes. The broad provisions are as under: I. To avail the scheme exporter shall […]

Retention of records relating to Corporate Insolvency Resolution Process

January 4, 2021 558 Views 0 comment Print

An IP shall preserve copies of records generated in electronic form for a minimum period of eight years, from the date of completion of the CIRP or the conclusion of any proceeding relating to CIRP, before the Adjudicating Authority (AA), Appellate Authority or Court, or any matter pending with the Board, whichever is later.

GTA services- Applicability of GST on diesel filled free of cost by service recipient

January 4, 2021 2880 Views 0 comment Print

In re Arvinder Singh Bhatia (GST AAR Chhattisgarh) As to whether diesel filled free of cost by the service recipient in the engaged chartered (dedicated) vehicles would form part of supply of service charged by the applicant and whether GST would be leviable on value of diesel filled free of cost by the service recipient […]

IGST under RCM on deemed Ocean freight on import of goods on CIF basis

January 4, 2021 4821 Views 0 comment Print

In re Khaitan Chemicals and Fertilizer (GST AAR Chhattisgarh) Payment of IGST under reverse charge mechanism (RCM) on deemed Ocean freight on import of goods (raw material) on CIF basis? In terms of prevailing provisions of the IGST Act, 2017 and the Rules made there under as discussed above, the applicant in addition to IGST […]

Notification No. 01/2021-Customs (N.T./CAA/DRI), Dated: 04.01.2021

January 4, 2021 1584 Views 0 comment Print

Notification No. 01/2021-Customs (N.T./CAA/DRI), Dated: 04.01.2021- Appointment of Common Adjudicating Authority MINISTRY OF FINANCE (Department of Revenue) (Central Board of Indirect Taxes and Customs) (Directorate of Revenue Intelligence) New Delhi, the 4th January, 2021 Notification No. 01/2021-Customs (N.T./CAA/DRI) S.O.25(E).—In pursuance of notification No. 60/2015-Customs (N.T.), published vide number G.S.R. 453(E), dated 4th June 2015 in Gazette […]

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