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GST not payable on recoveries from employees for notice pay recoveries & for providing parental insurance

January 19, 2022 50052 Views 1 comment Print

Recovery of notice pay from dues of employee / payment of notice pay by the employee who could not serve the notice for the period as per contractual agreement / appointment letter does not amount to supply and therefore as per Section 7 (1A) of the CGST Act, 2017, the provisions of Schedule II does not come into play.

Govt. extends validity of existing MSMEs registration upto March 31, 2022

January 19, 2022 2736 Views 0 comment Print

Govt. amends the guidelines for registration of existing enterprise under MSME Ministry Notification dated June 26, 2020; States that the existing enterprises (MSMEs) registered prior to June 30, 2020, shall continue to be valid for a period up to March 31, 2022 (earlier, March 31, 2021): Ministry of MSMEs

Balance credit not lapses in terms of Rule 11(3) of Cenvat Credit Rules, 2004 despite availment of benefit of Notification No 30/2004-CE

January 18, 2022 1179 Views 0 comment Print

Synfab Sales And Industries Ltd. Vs C.C.E & S.T. (CESTAT Ahmedabad) From the plain reading of the above rule 11(3) (i) (ii) it is clear that in terms of Clause (ii) of Rule 11(3) the balance credit shall lapse only if the assessee availed an exemption which is absolutely and exempted which is other than […]

Reopening of Assessment not permissible to take another view on same material

January 18, 2022 6528 Views 0 comment Print

Vodafone Idea Ltd. Vs ACIT (Bombay High Court) The entire basis for proposing to reopen, as can be seen from the reasons, is on the documents and submissions which were available before the Assessing Officer, before passing of the original assessment order. In fact, in the reasons, it is also recorded that the same issue […]

Classification by taxpayers is correct or not becomes immaterial if classification proposed by Revenue is incorrect

January 18, 2022 3039 Views 0 comment Print

Sunrise Traders Vs C.C.-Mundra (CESTAT Ahmedabad) To decide the correct classification of goods the commissioner held the Subheading 540751 to 540754 cover “other woven fabric, containing 85% or more weight of textured polyester filaments. For that the authority has relied upon report of ATIRA stating the fabric is made entirely of texturised yarn to be […]

Making rash, careless, erroneous allegations against tax authorities should be strongly discouraged: ITAT

January 18, 2022 4461 Views 0 comment Print

Abdul Wahab Vs ITO (ITAT Delhi) The specific words which arouse ITATs concern are the allegation that the CIT(A) order under challenge is alleged to have been passed in routine, arbitrary and whimsical manner having no sustainability in law. On-going through the record in the specific case ITAT find that none of the above allegations […]

Subordinate Legislation in the form of Statutory Rules is a ‘law’ U/s. 23 of Indian Contract Act: SC

January 18, 2022 2916 Views 0 comment Print

G.T. Girish Vs Y. Subba Raju (D) By LRs (Supreme Court of India) 1. Leave granted. 2. The appellants are defendant 1(a), defendant 1(b) and second defendant in a Suit filed for specific performance. Defendant 1(a) and Defendant 1(b) have filed SLP(C)No.6858/2017 while defendant No.2 has filed SLP(C)No.6857/2017. The Trial Court while refusing specific performance, […]

Securities Transaction Tax (1st Amendment), Rules, 2022

January 18, 2022 2826 Views 0 comment Print

Person responsible for collection and payment of securities transaction tax in case of Insurance Company.- In the case of an insurance company, the person responsible for collection and payment of securities transaction tax in accordance with sub-sections (2), (3) and (4) of section 100 of the Act, shall be the managing director or a whole-time director, as defined in clauses (54) and (94) of section 2 of the Companies Act, 2013 (18 of 2013), duly authorised by the Board of Directors of such company in this behalf.

Leasing charges allowable as Revenue expense if lessee have no ownership right over leased asset

January 18, 2022 4191 Views 0 comment Print

ThoughtWorks Technologies (India) Private Limited Vs DCIT (ITAT Bangalore) As per clause 4 of the agreement between the assessee and the First Leasing (lessor) the asset shall remain the exclusive property of the lessor (First Leasing) at all times. It further provides that the lessee at no time during the lease period can capitalize the […]

Assessee has a vested right to personal hearing | Section 144B | Faceless Assessment

January 18, 2022 6636 Views 0 comment Print

Section 144B | Faceless Assessment- An assessee has a vested right to personal hearing and same has to be given, if an assessee asks for it. The right to personal hearing cannot depend upon the facts of each case.

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