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ITAT condemns cavalier & naïve approach of Income Tax Dept.

April 6, 2019 699 Views 0 comment Print

ITO Vs Ms. Rayoman Carriers Pvt. Ltd. (ITAT Mumbai) The insinuation of revenue that ITAT passes order in a state of oblivion to the facts and antecedents to the appeal, displays a totally irresponsible and cavalier approach on the part of Revenue on the cusp of contempt and deserving exemplary cost to purge the same. […]

Company includes partnership firm | Section 141 | Negotiable Instruments Act

April 5, 2019 6321 Views 0 comment Print

G Ramesh Vs Kanike Harish Kumar Ujwal & Anr. (Supreme Court of India) In terms of the explanation to Section 141, the expression ‘company’ has been defined to mean any body corporate and to include a firm or other association of Sub-section (1) of Section 141 postulates that where an offence is committed under Section […]

Section 12AA registration cannot be denied merely because assessee claimed exemption u/s 10(23C)

April 5, 2019 1488 Views 0 comment Print

CIT (E) Vs M/s Beant College of Engineering & Technology (Punjab and Haryana High Court) The Tribunal while dealing with the objection of the CIT(E) that the assessee had been claiming exemption under Section 10(23C)(iiiad) of the Act and, therefore, should not have filed the application under Section 12AA of the Act, had noticed that […]

Draft Guidance Note on Division I – Non Ind AS Schedule III

April 5, 2019 2976 Views 0 comment Print

Following is the Exposure Draft of the Guidance Note on Division I – Non Ind AS Schedule III to the Companies Act, 2013 issued by the Corporate Laws & Corporate Governance Committee of the Institute of Chartered Accountants of India, for comments.

Changes in GST Composition Levy w.e.f. 1st April, 2019

April 4, 2019 16479 Views 4 comments Print

A. GST Composition Scheme Provisions Before 1st April 2019:- i. The threshold turnover limit For Trader, Manufacturer – Rs. 1 Crore For Restaurant Service Only – 1 Crore ii. Rate of Tax under GST Composition Scheme For Trader, Manufacturer – 1% For Restaurant Service– 5%. iii. For Services, other than restaurant scheme –No composition scheme iv. […]

Order on quantum of Punishment without providing opportunity of being heard is invalid

April 4, 2019 1050 Views 0 comment Print

Gayathri Pasarakayala Vs Disciplinary Committee (ICSI Appellate Authority) It is clear that the Disciplinary Committee has not followed the due procedure as prescribed statutorily as no opportunity of being heard was provided to Ms. Gayathri Pasarakayala on the question of quantum of punishment irrespective of her admission of guilt conveyed vide her aforementioned letter dated […]

Commissioner to decide on extending time for filing of revised GST TRAN-1: HC

April 4, 2019 789 Views 0 comment Print

Jai Laxmi Cement Co.(P.) Ltd. Vs Union Of India (Allahabad High Court) Rule 120A of the CGST Rules, 2017 provides that where a registered dealer submits a declaration electronically in FORM GST TRAN-1 within the time period specified in Rule 117, Rule 118, Rule 119 and Rule 120 he may revise such declaration once and […]

SAD refund – Generic description of imported goods in sale invoices when correct

April 4, 2019 1071 Views 0 comment Print

Observing that the adjudicating authority had not come to the conclusion that the product sold was entirely different and there was nothing on record to disbelief the Chartered Accountant’s certificate stating that both the products were one and the same, Madras High Court has allowed the appeal against the CESTAT Order denying SAD refund.

Jharkhand HC stays Service Tax proceedings initiated post GST introduction

April 4, 2019 3966 Views 0 comment Print

M/s. Sulabh International Social Service Organization Vs Union of India (Jharkhand High Court) Division Bench of Jharkhand High Court igranted stay (status quo) to the proceedings initiated under Service Tax after introduction of GST by issuing notice, summons and visit of officers after taking into account one of the main contention that Service Tax Rules […]

Extension of last date of filing e-form CRA-2 in certain cases

April 4, 2019 4488 Views 0 comment Print

laxation of additional fees and extension of last date of filing e-form CRA-2 (Form of intimation of appointment of cost auditor by the company to Central Government) in certain cases under the Companies Act, 2013

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