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ITC not eligible on Good & Services procured for building LNG Jetties

May 9, 2022 2232 Views 0 comment Print

AAAR held that (1) LNG Jetties being built by the appellant are not covered within the expression ‘plant and machinery’ as foundation to equipment, apparatus, machinery to be installed on it in terms of Section 17 of the CGST Act, 2017 and (2) the appellant cannot avail input tax credit of GST paid on inputs, input services and capital goods procured for the purpose of building the LNG Jetties in terms of Section 16 of the CGST Act, 2017.

Central Waqf Council (Amendment) Rules, 2022

May 9, 2022 2094 Views 0 comment Print

Central Government hereby makes the following rules further to amend the Central Waqf Council Rules, 1998, namely Central Waqf Council (Amendment) Rules, 2022.

100% disallowance for bogus purchase cannot be done if Sales not doubted

May 8, 2022 6285 Views 0 comment Print

Ashok Popatbhai Chaudhari Vs ITO (ITAT Mumbai) The Income Tax Officer in this case has made 100% addition on account of bogus purchase resulting in disallowance of Rs. 56,085/-. Upon assessee’s appeal ld. CIT(A) confirmed the same. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase cannot be done. […]

Resolution Professional Not Entitled to Fees during Stay on Insolvency Proceedings

May 8, 2022 2040 Views 0 comment Print

IndusInd Bank Ltd. Vs Rajendra K. Bhuta (NCLAT Delhi) When the Hon’ble Supreme Court by Interim Order dated 26th November, 2018 has stayed the insolvency proceedings which proceedings ultimately were set aside by the final Judgment dated 2nd September, 2019, we are of the view that Resolution Professional is not entitled for any fee after […]

Conveyance Allowance not part of wages for Computation of ESI Contribution: SC

May 8, 2022 1287 Views 0 comment Print

ESI Court held that the conveyance allowance paid to the employees by the appellant herein does not include the wages, the employer has preferred the present appeal.

Section 153A Assessment cannot be arbitrary & must have nexus with seized material

May 8, 2022 3393 Views 0 comment Print

PCIT Vs LKG Builders P. Ltd. (Delhi High Court) Court is of the opinion that the questions of law raised in present appeals have been settled by earlier Division Bench in CIT Vs. Kabul Chawla (supra) and assessment of the respondents had attained finality prior to the date of search and no incriminating documents or […]

Section 50C not applies to transfer of reversionary rights of property

May 8, 2022 2769 Views 0 comment Print

ACIT Vs Byramjee Jeejeebhoy Pvt. Ltd. (ITAT Mumbai) Revenue is aggrieved with the observation of the CIT(A) that the provisions of Sec. 50C of the Act would not stand triggered in respect of the transaction of transfer of reversionary rights of the property in question by the assessee to M/s Yash & Yashika Mercantile (P) […]

Adjudicating Authority for Personal Guarantors to Corporate Debtor- A Time to Revisit

May 8, 2022 3681 Views 0 comment Print

The present article attempts to find answer to the question whether NCLT or DRT is the appropriate adjudicating authority as far as application for insolvency resolution of the personal guarantors to the corporate debtors is concerned.

CBDT inserts new Rule 2DCA Computation of minimum investment & exempt income for Section 10(23FE)

May 7, 2022 8976 Views 0 comment Print

CBDT inserts new Rule 2DCA Computation of minimum investment & exempt income for Section 10(23FE) vide Notification No. 50/2022-Income Tax Dated 6th May, 2022 and also – -Substituted Form No. 10BBB [See rule 2DB] – Intimation by Pension Fund of investment under clause (23FE) of section 10 of the Income-tax Act, 1961 -Substituted Form No 10BBC […]

Employee cannot claim condonation of interruption of services to enhance their pension: SC

May 7, 2022 4191 Views 0 comment Print

Having regard to the term of service of the petitioners, they had qualifying service, making them eligible for pension as per the Pension Rules. Petitioners are thus not entitled to claim the condonation of the interruption in their services to enhance their pension.

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