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

September 25, 2022 1299 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 2106 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 489 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 3102 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 1731 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: –

Section 23(5) taxing Unsold Flats of Real Estate Business Applicable from A.Y. 2018-19

September 22, 2022 7899 Views 0 comment Print

Section 23(5) of Income Tax Act (Notional Rent Tax on Real Estate unsold flats) introduced from 01/04/2018 and would be applicable only from A.Y.2018-19 onwards.

No Unjust Enrichment when Service Tax Refund Claim was Time Barred

September 22, 2022 1356 Views 0 comment Print

Krishna Construction Co. Vs Commissioner of Central Goods And Service Tax (CESTAT Allahabad) In the instance case service tax was liable to be paid at the relevant time and it is only subsequently that by a retrospective amendment, exemption was granted with a specific condition that refund could be claimed by filing it within six […]

NCLT has Discretion to not admit CIRP Application despite default by Corporate Debtor: SC

September 21, 2022 4476 Views 0 comment Print

NCLT and NCLAT fell in error in holding that once it was found that a debt existed and a Corporate Debtor was in default in payment of debt there would be no option to NCLT but to admit the petition under Section 7 of IBC.

Breach of Settlement Agreement terms Not A Ground to Trigger CIRP

September 21, 2022 1239 Views 0 comment Print

NCLT held that breach of the terms and conditions of payment according to a Settlement Agreement does not come under the purview of the Operational Debt as defined under the IBC, 2016 and it cannot be a ground to trigger CIRP against the Corporate Debtor.

SC upheld ₹1 Crore Penalty for failure to comply with Summons of SEBI

September 20, 2022 1335 Views 0 comment Print

DKG Buildcon Private Ltd. Vs Adjudicating & Enquiry Officer, SEBI (Supreme court of India) Investigation by SEBI which had concluded that the appellants and other entities were involved in aiding and abetting Ketan Parekh and his companies in rigging the securities market in the years 2000 and 2001 had not been challenged, at any point, by […]

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