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Transitional credit will be subjected to provisions of Rule 4(1) of CCR, 2004

February 4, 2022 2628 Views 0 comment Print

Heavy Vehicles Factory Vs Commissioner of GST & CE (CESTAT Chennai) provisions of Rule 4 are very clear as regards the time limit for availment of Cenvat credit. We find that the provisions of Rules cannot be read in isolation. The entire set of Rules covering availment/utilization of credit i.e., CCR, 2004, has to be […]

DRI is not a Proper Office for issue of SCN: CESTAT Delhi

February 4, 2022 2103 Views 0 comment Print

Toyota Material Handling India Private Limited Vs Principal Commissioner of Customs (Import) (CESTAT Delhi) The issue that arises for consideration is whether the Principal Additional Director General, DRI had the jurisdiction to issue the notice. This precise issue was examined by the Supreme Court in Canon India. The Supreme Court observed that the nature of […]

New Functionalities for Taxpayers on GST Portal in January, 2022

February 4, 2022 9927 Views 0 comment Print

Article explains about New Functionalities made available for Taxpayers on GST Portal (January, 2022) which are related to GST Registration, GST Returns,  GST Return, GST Payments and Changes made in Front Office Menu on the GST Portal. 1. Registration 1. Aadhaar authentication made mandatory for filing of Revocation application in Form REG-21 by Normal Taxpayers […]

Labour Codes (Repeal) Act, 2021 introduced in Rajya Sabha

February 4, 2022 6873 Views 0 comment Print

Labour Codes (Repeal) Act, 2021 while changing the designation of Inspector as Inspector cum Facilitator and restraining their regular and routinely mandated duties for regular inspection to verify the compliance of Act by the employers and allowing inspection only with the prior permission from the highest level of the appropriate government, virtually banned or crippled the system of inspection itself, thereby giving a complete go-bye to strong enforcement of the Act itself.

GST: Appellate Authority can provisionally release goods & vehicle- HC

February 3, 2022 1905 Views 0 comment Print

A K Enterprise Vs State of Gujarat (Gujarat High Court) HC clarified that even pending the Appeals, it shall be open for the writ applicant herein being the owner of the goods and the applicant of the Civil Application being the owner of the conveyance to prefer an appropriate application for the provisional release of […]

Definition of term ‘slump sale’ amended to replace word ‘sales’ with ‘transfer’

February 2, 2022 2520 Views 0 comment Print

Slump sale is defined in clause (42C) of section 2 of the Act, as the transfer of one or more undertaking, by any means, for a lump sum consideration without values being assigned to individual assets and liabilities in such sales. Vide the Finance Act, 2021, the definition of ‘slump sale’ was amended to expand […]

Reduction of Goodwill from block of assets to be considered as ‘transfer’

February 2, 2022 9270 Views 0 comment Print

It is proposed to amend the Explanation to section 133A of the Act to provided that income tax authority shall be sub-ordinate to Principal Director General or Director General or Principal Chief Commissioner or Chief Commissioner, as the case may be, specified by the Board

Income-tax authorities for the purposes of section 133A

February 2, 2022 11313 Views 0 comment Print

It is proposed to amend the Explanation to section 133A of the Act to provided that income tax authority shall be sub-ordinate to Principal Director General or Director General or Principal Chief Commissioner or Chief Commissioner, as the case may be, specified by the Board

CBDT can provide relief in genuine hardships cases from Section 234F Fees

February 2, 2022 2196 Views 0 comment Print

Considering the genuine hardships faced by certain classes of persons in filing return of income and not to impose a fee for a default which is beyond their control, it is proposed to insert section 234F and include it in the list of sections mentioned in clause (a) of sub-section (2) of section 119 of the Act, so as to enable the Board to issue such orders or instructions, as deemed fit.

Clarification on section 263 Power to revise section 92CA order of TPO

February 2, 2022 5085 Views 0 comment Print

Amendment in the provisions of section 263 of the Act Section 263 of the Act contains the provision for revision of order which is erroneous in so far as it is prejudicial to the interests of revenue. An order under section 263 of the Act can be passed within two years from the end of […]

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