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GST registration cancelled due to inadvertent error – HC allows manual Restoration Application 

November 4, 2022 384 Views 0 comment Print

Petitioner, wishing to rectify the error, had attempted to submit an application for amendment of the registration certificate. However, while filling the application Online, the Accountant had selected ‘cancellation’ from the drop down menu instead of ‘modification’. It is thus that the impugned order has come to be passed cancelling the registration with effect from 01.05.2020.

Section 179: Tax Recovery from director only when tax cannot be recovered from Company

November 4, 2022 1788 Views 0 comment Print

Raja Ram Dalmia Vs PCIT (Calcutta High Court) High Court held that department has to first initiate proceedings against the defaulting private limited company and upon failure in their attempt to recover the tax dues power under section 179 of the Act could have been invoked. On facts it is clear that no such attempt […]

No penalty for non-getting account audited under bona fide belief based on ICAI Guidance Note on tax audit

November 4, 2022 7065 Views 0 comment Print

If assessee was under bona fide belief that as per Guidance Note issued by ICAI on ‘tax audit under section 44AB’ net result in derivative transaction was to be considered as turnover and accordingly, he would not be liable to get his books audited as turnover did not exceed more than Rs. 1 crore, penalty levied under section 271B was to be deleted

IFSCA directs IBUs to follow IFSCA KYC guidelines with immediate effect

November 3, 2022 702 Views 0 comment Print

IBUs are directed to follow the IFSCA KYC guidelines with immediate effect. IBUs are also advised that guidelines/circulars of the domestic financial sector regulators on the issues covered by the IFSCA KYC guidelines shall cease to apply with immediate effect.

IBBI penalises IRP for delay in handing over documents to RP

November 3, 2022 1509 Views 0 comment Print

Section 23(3) of IBC Code clearly provides for handing over of documents by IRP to RP. DC notes that acts of Mr. Prateek Kathuria for non-submission of documents to newly appointed IRP has caused delay in process which could have been avoided. Hence, the DC finds that Mr. Prateek Kathuria has violated section 23(3), 17(2)(e), […]

Collection of Instruments- Local and Outstation Cheques

November 2, 2022 1611 Views 0 comment Print

Local cheques are payable within the jurisdiction of the clearing house and will be presented through the clearing system prevailing at the centre. Credit arising out of local cheques shall be given to the customer’s account as indicated in the Cheque Collection Policy (CCP) of the concerned collecting bank.

HC set-aside ex-parte order passed after keeping proceedings in call book for 17 years without intimating Assessee

November 2, 2022 975 Views 0 comment Print

Parimal Textiles Vs Union of India (Gujarat High Court) This order­ in ­original the petitioners have challenged in the present petition mainly on the ground that the department did not take any steps for adjudication for nearly 17 years. After that without ensuring that the notices were served, department proceeded ex­parte against the petitioners and […]

Action initiated against CS for allowing Free Gifts in connection with meeting of members

November 2, 2022 6348 Views 0 comment Print

It is observed that the subject company had given SBI card to all 53 minority shareholders based on their requests. Hence, it is affirmed that the subject company has violated the provisions of Sec. 118(10) of the Companies Act, 2013 read with SS-2 in Clause 14 of Secretarial Standard.

Appeal maintainable against department’s order for budgetary support scheme refund

November 2, 2022 876 Views 0 comment Print

Mags Garments Pvt. Ltd. Vs Union of India And Others (Himachal Pradesh High Court) Having gone through the contents of the Scheme of Budgetary Support under Goods and Service Tax regime especially in the light of Tax which accrues to the Central Government under Central Goods and Service Act, 2017 and Integrated Goods and Services […]

Inordinate delay in adjudication results into denial of principles of natural justice

November 2, 2022 1614 Views 0 comment Print

It is settled law that inordinate delay (17 Years in this case) in adjudication results into denial of principles of natural justice and such violation cannot be overlooked by any authority.

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