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Addition for LTCG on Sale of Penny Stock without Cogent evidence is invalid

December 26, 2022 2115 Views 0 comment Print

PCIT Vs Karuna Garg (Delhi High Court) PCIT states that ITAT has erred in deleting the additions on account of bogus Long-Term Capital Gain on sale of penny stock company namely M/s Goldline International Finvest Ltd. on the ground that the assessing officer has not made independent enquiry. ITAT held that In the absence of […]

Mere issuance of SCN or letters of personal hearing is not adequate

December 26, 2022 3921 Views 0 comment Print

HC held that Mere issuance of show cause notice or letters of personal hearing to an assessee is not adequate. Assessing Officer is required to record a finding that notices were issued and served upon the assessee but despite service of notice the assessee did not come forward to contest the proceeding.

Dismissal of Time-barred Appeal against GST Registration cancellation – HC allows to file new appeal

December 26, 2022 2274 Views 0 comment Print

Prakash Purohit Vs Commissioner, Central Goods And Service Tax (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within three months which can be extended by a further period of 30 days. The petitioner filed the e-appeal on 27.09.2022 but could not submit the hard-copy. The […]

Faceless Assessment/Appeal: CIT(A) cannot Hear Stay Applications

December 26, 2022 4851 Views 0 comment Print

Petitioner must file the stay petition before the National Faceless Appeal Centre and not before the jurisdictional Appellate Commissioner, who has no jurisdiction to hear the appeal/stay petition filed by the petitioner after the National Faceless Appeal Assessment/Appeal scheme came into force.

Cenvat Credit eligible on Parts for efficient functioning of Machine for Manufacturing

December 25, 2022 561 Views 0 comment Print

Parts in issue herein have been used for smooth and efficient functioning of machinery which has been used for manufacturing Sugar and Molasses and therefore there is no reason not to allow Cenvat credit

Section 60(5) of IBC 2016 is a provision with a non-obstante clause: HC

December 23, 2022 1818 Views 0 comment Print

Section 60(5) makes it discernible that it is a provision with a non-obstante clause that ‘notwithstanding anything contrary contained in any other law’ gives a jurisdiction to the NCLT to entertain or dispose of any application or proceeding by or against the corporate debtor or corporate person;

Default in filing of Annual Return – MCA impose penalty of Rs. 1744200

December 23, 2022 2793 Views 0 comment Print

MCA impose a penalty of Rs. 10,21,800 on Company, and Rs. 361,200 each on the 2 Directors of the company under section 92(5) of the Act for failure in compliance of section 92(4) of the Companies Act, 2013

Company not filed annual return- ROC assumed non conduct of Board meetings- Imposes Penalty

December 23, 2022 7728 Views 0 comment Print

It is observed that the Company has not filed annual return since incorporation, therefore no record is available regarding the number of board meetings taken place. Hence, it is implied that the Company has not conducted the board meetings. Therefore, it appears that the provision of section 173(1) of the Companies Act, 2013 has been […]

MCA imposes penalty of Rs. 1771500 for not filing Financial Statements since incorporation

December 23, 2022 1611 Views 0 comment Print

Company is in default for filing its Financial Statements since its incorporation with the office of Registrar of Companies, Patna. Whereas, this office has not received any reply from the company and its directors. Hence, it appears that the provisions of Section 137 of the Companies Act, 2013 has been contravened by the company and its […]

Partial Withdrawal for NPS Subscribers

December 23, 2022 1329 Views 0 comment Print

The circular also provided for the option of submission of the partial withdrawal requests by the subscribers through their nodal office/POPs as per the prevalent practice.

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