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Non compliance of E-notices due to closure of Companies operations is reasonable cause

April 21, 2023 459 Views 0 comment Print

The assessee however submitted that its operations were closed and being no regular employee looking after the matter, the notices issued by the Learned CIT(A) could not be complied.

Interest/Salary received by Partner from partnership Firm Assessable as Business Income

April 21, 2023 11286 Views 0 comment Print

ITAT held that as per specific provision of Section 28(v) of the Income Tax any interest, salary etc. earned by a partner from a partnership firm is taxable under the head profit and gains of business or profession and there is no question of categorizing it under the head income from other sources.

GSTAT not constituted: Limitation for preferring appeal before GSTAT

April 21, 2023 774 Views 0 comment Print

limitation for appeal before GSTAT start only after date on which President, or State President of Tribunal after its constitution under Section 109 of GST enters office.

Cenvat Credit as per books cannot be rejected without issuing SCN

April 21, 2023 528 Views 0 comment Print

CESTAT held that unless CENVAT Credit availed by the appellant has not been recovered by way of issue of show cause notice invoking Rule 14 of CENVAT Credit Rules, 2004, the CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of Service.

NCLAT cannot condone delay Beyond 15 Days, much Less 45 Days

April 21, 2023 642 Views 0 comment Print

Diwakar Sharma Vs Anand Sonbhadra (NCLAT Delhi) The issue in this case is as to whether the delay caused in filing of the appeal much beyond the period of 45 days can be condoned by NCLAT? Section 61 of Code deals with the Appeals and Appellate Authority. Section 61(1) of IBC, 2016 provides for a […]

HC denies Condonation of delay as Assessee was aware of ITR filing due date

April 21, 2023 549 Views 0 comment Print

Fact that Assessee had filed his ITR for assessment year 2011-12 within time limit proves that Assessee was aware of process of filing ITR.

GST Officer cannot direct customers of assessee to stop further payments u/s 70

April 20, 2023 1584 Views 0 comment Print

Section 70 (1) of GST act only says that the proper officer shall have the power to summon any person whose attendance is considered necessary either to give evidence or to produce a document or any other thing in the enquiry and nothing more.

No Service Tax if completion certificate issued before July 01 2010 for Mall construction

April 19, 2023 627 Views 0 comment Print

H.C. Buildcon Pvt. Ltd. Vs Commissioner, Central Excise & CGST Alwar (CESTAT Delhi) As regards the second submission regarding the certificate dated March 31, 2010 issued by the Regional Manager, RIICO, a perusal of the said certificate would show that it was issued by the Regional Manager RIICO in connection with the commercial plot allotted […]

Bombay High Court on validity of Section 13(8)(b) & Section 8(2) of IGST Act

April 19, 2023 5697 Views 0 comment Print

Dharmendra M. Jani Vs Union of India (Bombay High Court) HC held that provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of IGST Act only and the same cannot […]

GST: Errors apparent on the face of record, are required to be rectified – Section 161

April 19, 2023 1284 Views 0 comment Print

By an order dated 08.04.2022 passed in RPG Polymers v. Commissioner of DGST Delhi and Anr. W.P.(C) 5849/2022, the Co­ordinate Bench of this Court had clarified that such errors, which are apparent on the face of the record, are required to be rectified under Section 161 of the Central Goods and Services Tax Act, 2017.

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