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SEBI allows meetings of unit holders of REITs through VC or OAVM

January 16, 2023 858 Views 0 comment Print

SEBI allows Investment Manager of REITs to conduct meetings of unit holders through Video Conferencing or Other Audio Visual means.

Application for cross-examination filed before Adjudicating Authority would be integral part of process of adjudication

January 16, 2023 1968 Views 0 comment Print

Dr. U.S. Awasthi Vs Adjudicating Authority Pmla & Anr. (Delhi High Court) The Petitioner’s contention is that in terms of the Prevention of Money-Laundering (Appeal) Rules, 2005, only orders under Section 13(2) and Section 8 of PMLA are appealable to the Appellate Tribunal. As per the Petitioner, an order passed in an application seeking cross-examination […]

Expression of Interest for Initial Empanelment of Social Auditors

January 16, 2023 3381 Views 0 comment Print

INSTITUTE OF SOCIAL AUDITORS OF INDIA COMPANY LIMITED BY SHARES NOR FOR PROFIT U/S 8 OF THE COMPANIES ACT, 2013 Head Office : ICAI Tower, Plot No. C-40, G Block, Opp. MCA Academy, Besides Standard Chartered Bank, Bandra Kurla Complex, Bandra (East) Mumbai – 400051. EXPRESSION OF INTEREST FOR INITIAL EMPANELMENT OF SOCIAL AUDITORS Institute of Social Auditors of India (SRO set […]

No limitation on refund of Transitional credit under Section 142 of CGST Act

January 16, 2023 2238 Views 0 comment Print

NIIT Limited Vs Commissioner, CGST (CESTAT Delhi) Transitional provision of Section 142(3) of CGST Act provides that every claim of refund filed by the person after the appointed day (30.06.2017) for refund of any amount of Cenvat credit/duty/tax/interest or any other amount paid under the existing law shall be disposed of in accordance with the […]

UPVAT: Books cannot be rejected for minor discrepancy in stock at the time of Survey

January 16, 2023 1350 Views 0 comment Print

Jaiswal Machinery Stores Vs Commissioner of Commercial Tax Lko. (Allahabad High Court) It is not in dispute that the Tribunal has reduced the quantum of tax imposed by the assessing authority from Rs.10,34,000/- to Rs.2,82,125/-. From the perusal of the order passed by the Tribunal, it is apparent that finding recorded is contradictory. On the […]

Initiation of scrutiny assessment based on wrong facts is untenable in law

January 16, 2023 2859 Views 0 comment Print

CBDT undisputedly are binding on the department and any action in violation thereof renders it as untenable in law, consequently in the extant case, assessment been carried out in violation of instruction issued by CBDT deserves to be quashed, ergo we set-aside the first appellate order passed u/s 250 and quash the order of assessment passed u/s 143(3) of the Act as bad in law.

SVLDR Scheme amnesty cannot be denied by erroneous interpretation of Scheme

January 16, 2023 1368 Views 0 comment Print

Court quashes order issued by Department rejecting SVLDR applications of Petitioner since they are based on an erroneous interpretation of not only SVLDR Scheme but also Section 125(1)(h) of Finance Act.

HC directs issue of C Forms as petitioner was paying taxes on regular basis & no tax arrear

January 16, 2023 1287 Views 0 comment Print

Grievance of the petitioner is that despite payment of taxes on regular basis and there being no arrear tax due, respondents did not issue the ‘C’ declaration forms. Petitioner had furnished proof of inter-state sale and transport of goods. Aggrieved, present writ petition has been filed seeking the reliefs as indicated above.

No Tax on Interest on mandatory reserves created under Major Ports Trust Act 

January 16, 2023 1086 Views 0 comment Print

As regards the deletion of addition of Rs.57 crores under the head of ‘interest accrued on investment on Capital Asset, Replacement Reserve Fund and Development, Repayment of Loan and Contingencies Reserve Fund’, it is pointed out that the Assessee has two statutory reserve funds viz., (i) Replacement, Rehabilitation, Modernization of Capital Assets Reserve and (ii) Reserve for Development, Repayment of Loans and Contingencies.

Bill of Lading is only one of the ways to transfer title of Goods and not the only way

January 16, 2023 1071 Views 0 comment Print

Bill of Lading is only one of the ways to transfer the title and not the only way. It can be done either by handing over the Bill of Lading itself to the customers before the goods pass the customs barrier of India.

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