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CBDT have no power to Enlarge the scope of MCI regulation

October 10, 2021 2316 Views 0 comment Print

Evolutis India Private Vs ACIT (ITAT Mumbai) Enlargement of the scope of MCI regulation to the pharmaceutical companies or other health sector industry by the CBDT is de hors any enabling provision either under the Income Tax Act or under the Indian Medical Council Regulations. In our considered view, though the CBDT can tone down […]

No service Tax under RCM payable if no evidence of Payment in Foreign Currency to Foreign Personnel

October 10, 2021 2898 Views 1 comment Print

There is no evidence of payment in foreign currency to the foreign personnel. The invoices on which the demand of management consultancy service is raised shows merely expenses incurred by the appellant in Indian currency in the nature of hotel, transport and other expenses. There is no evidence to prove that they have received management consultancy service or paid fees for such services so as to be liable to pay service tax under reverse charge mechanism.

Tripura VAT: HC Quashes order passed in Violation of principal of Natural Justice

October 9, 2021 681 Views 0 comment Print

ITC Limited Vs State of Tripura (Tripura High Court) We cannot appreciate the stand of the department that even during the time when the Corona Virus was at its peak, the administrative and legal representatives of the assessee company must appear before the Assessing Officer physically for conducting the hearings. Across the country courts at […]

Sec 138 NI Act: Complaint comes to an end Once Accused & Complainant Enter into a Settlement Agreement: SC

October 8, 2021 25932 Views 0 comment Print

Gimpex Private Limited Vs Manoj Goel (Supreme Court of India) A complainant cannot pursue two parallel prosecutions for the same underlying transaction. Once a settlement agreement has been entered into by the parties, the proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to the complainant under the terms […]

GST payable on EPF, ESI, Salary, or Wages reimbursed by Hospital

October 8, 2021 2916 Views 0 comment Print

In re Smt. Bhagyalakhsmi Devamma Vangimallu (GST AAR Telangana) The applicant has made various averments regarding the deductibility of Wages / Salaries, EPF, ESI contribution which are reimbursed by the Hospital from the value of supply which is exigible tax under CGST/SGST Act. AAR held that Applicant is not a pure agent under GST Law. Further […]

An Assessment attracts Section 263 revision if AO has not taken one of two possible views

October 8, 2021 816 Views 0 comment Print

Sanctuary Television Pvt. Limited Vs DCIT (ITAT Hyderabad) The PCIT holds that in this case administrative expenses were in the nature of pre-operative expenditure which could not be set-off against the assessee’s foregoing interest income. And that the Assessing Officer’s action allowing the assessee’s claim in a very casual and mechanical manner deserves to be […]

Section 138 NI Act Directors responsible if they were in charge of & responsible for conduct of business of company: SC

October 8, 2021 6639 Views 1 comment Print

Ashutosh Ashok Parasrampuriya Vs Gharrkul Industries Pvt. Ltd. (Supreme Court of India) The issue for determination before us is whether the role of the appellants in the capacity of the Director of the defaulter company makes them vicariously liable for the activities of the defaulter Company as defined under Section 141 of the NI Act? In that perception, […]

Prohibition on export of Red Sanders wood in log form relaxed

October 7, 2021 2334 Views 0 comment Print

Prohibition on export of Red Sanders wood in log form has been relaxed for export of 810.1894 MT of Red Sanders wood in log form Forest, Environment & Climate Change Department, Government of Odisha. Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan New Delhi New […]

CBIC Notifies Rate of Exchange of Foreign Currencies wef 08.10.2021

October 7, 2021 2400 Views 0 comment Print

CBIC notifies Rate of Exchange of Foreign Currencies against Indian Rupees with effect from 8th October, 2021, vide Notification No. 80/2021-Customs (N.T.) | Dated: 7th October, 2021 GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ***** Notification No. 80/2021 – Customs (N.T.) New Delhi, dated the 7th […]

Broad Guidelines on Empanelment of Brokers by Pension Funds-reg

October 7, 2021 1224 Views 0 comment Print

The Pension Fund shall prepare a well-defined policy on empanelment of brokers with approval of their Board of Directors and to be reviewed by them on annual basis.

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