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Retrospective amendment will not attract provisions of Section 263

September 26, 2022 1329 Views 0 comment Print

AI Champdany Industries Limited Vs Commissioner (Calcutta High Court) Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME TAX VS. MAX INDIA LTD. 2007 295 ITR 282 (SC) had taken note of the fact that Section 80HHC had been amended eleven times and different views existed on the day, when the COMMISSIONER (therein) passed […]

Section 10A deduction cannot be denied for Hardware used in Export of Software

September 26, 2022 963 Views 0 comment Print

Subex Limited Vs DCIT (Karnataka High Court) we are of the considered view that the Assessing Officer framed an incorrect question for his consideration that whether sale of Hardware which is not manufactured by the assessee could be considered as part of export. The CIT(A) also committed the same error. We say so because: firstly, […]

CIRP Can Be Initiated even against Two Borrowers Falling under Ambit of Corporate Debtors: SC

September 26, 2022 1596 Views 0 comment Print

Maitreya Doshi Vs Anand Rathi Global Finance Ltd. (Supreme Court) Apex Court held that If there are two borrowers or if two corporate bodies fall within the ambit of corporate debtors, there is no reason why proceedings under Section 7 of the IBC cannot be initiated against both the Corporate Debtors. Needless to mention, the […]

No bar on withdrawal of CIRP application by applicant: SC

September 26, 2022 1452 Views 0 comment Print

Ashok G. Rajani Vs Beacon Trusteeship Ltd. & Ors. (Supreme Court of India) This Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against an interim order dated 18th August 2021 passed by the National Company Law Appellate Tribunal (NCLAT), Principal Bench at New Delhi in Company Appeal (AT) (Insolvency) No. […]

Bail for GST Offences cannot be denied merely for ongoing investigation

September 25, 2022 1179 Views 0 comment Print

The department objected the bail application mainly on the ground that investigation is still under way. This Court is of considered view that, merely raising the contention that investigation is still going on is not enough, but, department should have point out that the further custody of the applicant is necessary.

HC set-aside order uploaded on GSTN Portal for not containing reasons

September 25, 2022 1167 Views 0 comment Print

Where order in Form GST DRC-07 as visible in GSTN Portal did not contain reasons, same was wholly defective and, hence was to be remitted back for fresh adjudication

No change in Export Policy of Par Boiled Rice and Basmati Rice

September 25, 2022 1902 Views 0 comment Print

India’s Rice availability position is comfortable “Prohibited” status of Broken Rice ensures domestic food security and feed availability Domestic price of rice under check No change in Export Policy of Par Boiled Rice and Basmati Rice With the amendment in export policy of Broken Rice from “free” to Prohibited”, Government of India has successfully ensured […]

In case of mixed funds investment must be considered to be out of interest free fund

September 25, 2022 456 Views 0 comment Print

Where assessee has mixed funds (made up partly of interest free funds and partly of interest bearing funds) and payment is made out of mixed fund, the investment must be considered to have been made out of interest free fund.

GST Registration: Not issuing notice for physical verification amounts to violation of principle of natural justice

September 23, 2022 2976 Views 0 comment Print

High Court held that non supply of notice for physical inspection during the search proceeding, before issuing an order, will be termed as violation of principle of natural justice.

Constitution of GoM for boosting Real Estate Sector under GST regime

September 22, 2022 1707 Views 0 comment Print

Constitution of Group of Ministers (GoM) for boosting Real Estate Sector under GST regime – reg. In partial modification to the OM of even number dated 15.01.2019, 05.01.2022 & 10.02.2022 on the subject cited above, it is stated that reconstituted membership of the GoM is as follows: –

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