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Service Tax Collected but not paid to Government disallowable under section 43B

April 19, 2022 3861 Views 0 comment Print

If the assessee actually received service Tax from its customers and kept it without depositing the same within due date of filing of return of income u/s.139(1) of the Act, then only the AO has to invoke the provisions of Section 43B and bring that amount to tax.

Rural Co-op Banks permitted to issue Preference Shares & Debt instruments

April 19, 2022 678 Views 0 comment Print

RCBs are permitted to raise share capital, as hitherto, by way of (i) issue of shares to persons within their area of operation, in accordance with the provisions of their bye-laws, and (ii) issue of additional shares to the existing members.

CBDT promotes 59 officers to the grade of Pr. CIT

April 18, 2022 7221 Views 0 comment Print

Office Order No. 80 of 2022, Dated: 18.04.2022  – 59 Officers are promoted to the grade of Principal Commissioner of Income Tax (Pr. CIT) F. No. A-32011/512020-Ad.VI Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes ***** North Block, New Delhi, The 18th April, 2022. Office Order No. 80 of […]

HC allows expense on payment of bonus to Directors

April 18, 2022 4872 Views 0 comment Print

PCIT Vs BMO Advisors Pvt. Ltd. (Delhi High Court) This Court in AMD Metplast Pvt. Ltd. V. DCIT, (2012) 341 ITR 0563 as well as in CIT v. Career Launcher India Ltd., (2013) 358 ITR 0179 (Delhi) has upheld grant of bonus by companies to its directors. Consequently, this Court is of the view that […]

ITAT dismisses Appeal signed by General Manager of Company as no valid POA submitted

April 18, 2022 588 Views 0 comment Print

Bangalore Electricity Supply Company Ltd Vs DCIT (ITAT Bangalore) This appeal came up for hearing before this Tribunal on 8.3.2022 and it was pointed out to the ld. AR for the assessee that the appeal was not signed by the competent authority and it was signed by General Manager (CT&GST), BESCOM. It was pointed out […]

VAT refund after 01.07.2017 must be Processed Under Section 142 (3) of CGST Act, 2017: HC

April 18, 2022 2268 Views 0 comment Print

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) Under Section 142(3) of CGST Act, 2017, it is provided that, every claim for refund filed by any person before, on or after the appointed day (i.e. 01.07.2017), for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid […]

RBI permit banks to reckon Govt securities as Level 1 HQLA under FALLCR

April 18, 2022 1653 Views 0 comment Print

On a review, it has been decided to permit banks to reckon Government securities as Level 1 HQLA under FALLCR within the mandatory SLR requirement up to 16 per cent of their NDTL. Accordingly, the total HQLA carve out from the mandatory SLR, which can be reckoned for meeting LCR requirement will be 18 per cent of NDTL (2 per cent MSF plus 16 per cent FALLCR).

Address on Invoice not Matches RC; Post Facto Amendment of GST Registration, HC Quashes Penalty

April 17, 2022 3378 Views 0 comment Print

Both the petitioner and the respondent admit that as on date the above said address has been included in the petitioner’s place of business in the GST Registration. Thus, there is a post facto inclusion of the address, which was mentioned in the tax invoice raised by the supplier and in the E-way Bill.

Grant of leave by tribunal to file a miscellaneous application without considering its maintainability was improper

April 17, 2022 558 Views 0 comment Print

Gammon India Limited Vs Sales Tax Officer (Calcutta High Court) Black’s Law Dictionary defines the word ‘set aside’ to mean annul or vacate. Thus, the word ‘setting aside’ used in clause (a) of the said Regulation necessarily means that a party to a proceeding before the tribunal can file a miscellaneous application praying for annulment […]

Interest on Refund of excise duty amount Deposited During Investigation allowable from the date of deposit @ of 12%

April 17, 2022 2784 Views 0 comment Print

Green Valley Industries Limited Vs Commissioner of CGST & CX (CESTAT Kolkata) The brief facts related to the case at hand are that the Appellant had succeeded in its appeal before this Tribunal vide FO 75527/2020 dated 22/10/2020 which had resulted in refund of Rs.78,16,265/-which was deposited by the Appellant during the investigation proceedings before […]

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