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GST Order not sustainable if notices served upon truck driver instead of owner of goods or conveyance

October 22, 2022 2013 Views 0 comment Print

Messrs Tanay Creation Through Prop. Tanay Mahavir Shah Vs State of Gujarat (Gujarat High Court) The petitioner put the case before the Hon’ble Court that no opportunity was given before passing the order under section 129 and 130. The notices were served upon the truck driver instead of owner of the goods or owner of […]

CCI imposes monetary and non-monetary sanctions on MakeMyTrip, GoIbibo & OYO

October 21, 2022 3699 Views 0 comment Print

CCI imposed monetary as well as behavioral sanctions on MMT-Go for abusing its dominant position and also for having anti-competitive arrangement with OYO. Monetary penalty is also imposed on OYO for its anti-competitive arrangement with MMT-Go vide which MMT-Go delisted the competitors of OYO from its online portals in 2018.

Late Fees, Interest, threat to levy penalty or to initiate prosecution – Tax Terrorism

October 21, 2022 19374 Views 6 comments Print

People are held hostage in a cyber-world with ransom in the form of Late Fees and Interest and a threat to levy penalty or to initiate prosecution. No other words better describe the situation than the term Tax Terrorism.

Registration Date irrelevant for Sec 56(2)(vii)(b) as substantial obligation discharged on agreement date 

October 21, 2022 3084 Views 0 comment Print

Mere registration at later date would not cover a transaction already executed in the earlier years and substantial obligations have already been discharged and a substantive right has accrued to the assessee therefrom.

Stamp value on agreement date should be applied for section 56(2)(vii)(b) if conditions fulfilled

October 21, 2022 3054 Views 0 comment Print

ITAT Pune rules in favor of Sanjay Dattatraya Dapodikar. Section 56(2)(vii)(b) not applicable in 2015, stamp value on 2008 agreement considered.

No section 56(2)(vii)(b) addition for increase in stamp duty value post execution of purchase agreement

October 21, 2022 2481 Views 0 comment Print

Ashutosh Jha (HUF) Vs ITO (ITAT Ranchi) Where assessee purchased a property and made part payment of sale consideration by cheque on very next day of execution of purchase agreement and registry was done after a year, since such part payment made by cheque on very next day of execution of agreement was towards fulfilment […]

Imposition of CVD on Saccharin Imported from Thailand

October 21, 2022 726 Views 0 comment Print

Seeks to levy countervailing duty on imports of ‘Saccharine in all its forms’ originating in or exported from Thailand, to prevent the circumvention of countervailing duty levied on ‘Saccharine in all its forms’ originating in or exported from China PR vide notification No. 2/2019-Customs (CVD), dated the 30th August, 2019. GOVERNMENT OF INDIA MINISTRY OF […]

ROC imposes penalty of Rs. 7.50 Lakh for not appointing woman director

October 21, 2022 2496 Views 0 comment Print

Company is required to appoint a woman director based on Rule 3(ii) of Companies (Appointment and qualification of Directors) Rules, 2014 as Turnover of company is more than 300 Crore.

AO cannot mechanically apply provisions of section 56(2) to difference in value

October 21, 2022 4290 Views 0 comment Print

Mohd. Ilyas Ansari Vs ITO (ITAT Mumbai) Assessing Officer mechanically applied provisions of section 56(2) to difference between stamp duty value and actual sale consideration paid by assessee and made additions, without making any efforts to find out actual cost of property, additions made by Assessing Officer were to be set aside. In this case […]

Exposure Draft of IRDAI (Actuarial Report and Abstract for Life Business) (First Amendment) Regulations, 2022

October 21, 2022 540 Views 0 comment Print

Insurance Regulatory and Development Authority of India Exposure Draft of the Insurance Regulatory and Development Authority of India (Actuarial Report and Abstract for Life Business) (First Amendment) Regulations, 2022 1. In exercise of the powers conferred by clauses (g), (y), (z) of subsection (2) of section 114A read with Sections 13, 64V and 64VA of […]

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