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IRDAI Modifies Surety Insurance Guidelines to Expand Market & Ease Solvency Requirements

May 15, 2023 696 Views 0 comment Print

The Insurance Regulatory and Development Authority of India (IRDAI) has announced modifications to the Surety Insurance Guidelines, aiming to develop and expand the Surety Insurance Bonds market. The revisions include replacing solvency margin requirements, reducing the control level from 1.875 to 1.5 times, and eliminating the 30% exposure limit on each contract underwritten by insurers. […]

MahaRERA: Verification of commencement certificates and occupation certificates

May 15, 2023 3954 Views 0 comment Print

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued Order No. 45/2023, which pertains to the verification of the authenticity and genuineness of commencement certificates and occupation certificates submitted by promoters. The order highlights the establishment of MahaRERA as the regulatory authority for real estate in Maharashtra and the enactment of the Real Estate (Regulation […]

Dept not permitted to file Revision Application under Section 35EE of Central Excise Act

May 13, 2023 783 Views 0 comment Print

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai) The provisions regarding filing of appeals before the Tribunal are governed under the provisions of Section 86 of the Finance Act, 1994. Sub-section (1) ibid provides for filing of the appeal by an assessee before the Tribunal. The first proviso appended to sub-section […]

Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

May 13, 2023 15078 Views 0 comment Print

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]

Assessment Order passed without due opportunity to Legal Heirs- HC remands matter back to AO

May 13, 2023 708 Views 0 comment Print

No ample opportunity was given to the legal heirs of the deceased assessee. Therefore, this Court is of the view that the order impugned in the writ petition is liable to be set aside and the matter should be remitted back to the original authority for affording due opportunity to the legal heirs of the original assessee to put forth their case.

Post-GST CENVAT Refunds must be Processed U/s. 142(3) of CGST Act, 2017: HC

May 13, 2023 606 Views 0 comment Print

Commissioner, Central Excise, Customs and Service Tax Vs Jindal Steel and Power Ltd (Orissa High Court) It appears that the opposite party exported final products on payment of Central Excise duty of Rs. 69,98,64,638/- during the period 01.01.2017 to 03.2017, and claimed rebate, vide application dated 14.08.2017, under Rule 18 of the Central Excise Rules, […]

Exit from EOU scheme cannot be denied for procedural formality: HC

May 13, 2023 903 Views 0 comment Print

Petitioner admittedly made an application seeking for exit from EOU/STPI scheme and it was its specific case that it had not imported any capital goods or procured any capital goods in respect of project.

Section 148 notice- AO not considered objections & treated it under section 148A(b) – HC remands matter back to AO

May 13, 2023 3255 Views 0 comment Print

Sahil Infra Creative Pvt Ltd Vs ITO (Gujarat High Court) The position which unfolds in this case is that the petitioner assesse had filed its objections to the notice for reassessment under section 148 unamended issued to him, however, the Assessing Officer never attended to the objections dated 12.10.2022 and left it undecided. Thereafter, the […]

Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

May 13, 2023 1893 Views 0 comment Print

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of natural justice. In similar circumstances, this […]

Forfeited share capital is Capital Receipt & not taxable under section 56(2)(ix)

May 13, 2023 3768 Views 0 comment Print

Mangal Credit and Fincorp Ltd. Vs DCIT (ITAT Mumbai) In the instant case, the assessee has received money on issuing share capital in the form of exercise of rights in share warrants. The share capital so collected by the assessee is not in the course of negotiations for transfer of capital asset. The shares so […]

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