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ITAT deletes addition for duly explained peak balance in HSBC accounts

May 4, 2023 669 Views 0 comment Print

Nagappan Arunachalam Vs ITO (ITAT Delhi) The ld. CIT(A) has sustained an addition u/s 69A equal to 50% of the peak balance in HSBC accounts jointly held with the spouse. The Ld. CIT(A) erred in holding that the Appellant was not able to rebut the issues raised by the AO during remand proceedings as the […]

SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

May 4, 2023 2199 Views 0 comment Print

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]

Report U.S. TIN in respect of all U.S. Reportable accounts: CBDT

May 4, 2023 816 Views 0 comment Print

Indian Reporting Financial Institutions (RFIs) should ensure that the U.S. TIN is reported in respect of all U.S. Reportable accounts.

Appointment of CAA in respect of SCNs issued to M/s A.K. Construction Co.

May 4, 2023 624 Views 0 comment Print

Appointment of Common Adjudicating Authority (CAA) in respect of SCNs issued to M/s A.K. Construction Co. vide Order No. 07 /2023-Service Tax Dated: 4th May, 2023. CBIC-240137/3/2023-SERVICE TAX SECTION-CBEC F.No. CBIC-240137/3/2023-SERVICE TAX SECTION-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs CX & ST Wing, New Delhi […]

Whether interest on Cenvat credit wrongly availed but not utilized is payable?

May 4, 2023 720 Views 0 comment Print

Deep Industries Limited Vs C.S.T. Service Tax (CESTAT Ahmedabad) The limited question needs to be answered in this matter is whether interest on the amount of Cenvat credit availed but not utilized is recoverable or otherwise. The recovery of interest on the inadmissible Cenvat credit has been directed under Rule14 of the Cenvat Credit Rules, […]

Service Tax Liability of Sub-Contractor not cease on tax payment by main contractor

May 4, 2023 1107 Views 0 comment Print

CESTAT held that Service Tax liability of a sub-contractor would never cease, even when the main contractor remits Service Tax.

Auditors cannot escape being probed if they resign; Section 140(5) of Companies Act constitutional: SC

May 4, 2023 18723 Views 0 comment Print

Challenge to constitutional validity of section 140(5) of Companies Act, 2013 fails and it is observed and held that section 140(5) is neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of Constitution of India

1.16% increased contribution from employer’s share into Pension Fund

May 3, 2023 2250 Views 1 comment Print

Increased contribution shall he applicable to basic wages, dearness allowance and retaining allowance to the extent such basic wages, dearness allowance and retaining allowance exceed fifteen thousand rupees per month.

HC directed Revenue to examine aspect of limitation afresh in light of SC decision

May 3, 2023 3315 Views 0 comment Print

44 EMB Studio Private Limited Vs Union of India (Bombay High Court) Counsel for the Petitioner submitted that though it is correct that for part of the claim which has been rejected refund was sought after a period of two years, however, the period was extended by the orders passed by the Hon’ble Supreme Court […]

Acceptance of Electronic Certificate of Origin issued under India-Sri Lanka FTA

May 3, 2023 2109 Views 0 comment Print

It is hereby clarified that an electronic certificate of origin or e-CoO, issued by the Issuing Authority of Sri Lanka, is a valid document for the purpose of claiming preferential benefit under the India-Sri Lanka FTA subject to it having been issued in the prescribed format, bearing seal and signatures of the authorized signatory of the Issuing Authority

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