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Section 194H TDS not deductible on Turnover Discount by Distributor to dealers

April 27, 2023 3474 Views 0 comment Print

ITO Vs Marda Associates (ITAT Kolkata) CIT (A) held that A.0. misunderstood that the benefit/ incentive/additional margin passed on by the appellant through credit notes was in the nature of commission. He further, misunderstood that discount/ additional margin could be given only on the invoice and not post invoice. It is submitted that the commission […]

Rejection of GST Refund for limitation: HC directs to consider SC orders

April 27, 2023 2508 Views 0 comment Print

Petitioner submitted that it is correct that for part of GST Refund Claim claim which has been rejected refund was sought after a period of two years

HC denies Permission to travel abroad as Bail Cancellation Application by GST dept is pending

April 27, 2023 2127 Views 0 comment Print

Request for permission to go abroad. HC rejected request only for one reason that application filed by department for cancellation of bail is pending before Court of Sessions.

Cenvat Credit eligible to Manufacturer on Scrap imported, Sold & Repurchased

April 27, 2023 723 Views 0 comment Print

Appellants are not the manufacturer of Aluminium scrap and they have only imported the scrap for manufacture of Aluminium ingots.

GST: HC sets aside Assessment Order violating Natural Justice Principle

April 27, 2023 909 Views 0 comment Print

HC held that orders of assessment suffer from violation of principles of natural justice. Correspondence between parties establishes that petitioner was co­operating with proceedings for assessment.

Registered Valuer must mention in his valuation report basis of his estimation

April 26, 2023 2649 Views 0 comment Print

RV has liberty to adopt the cost approach to estimate the value of plant and machinery assets in accordance with International Valuation Standards. However, by not mentioning the details of the assets including present condition, which forms the basis of his estimation, the RV is in violation of sub rule 3(j) of Rule 8 of the Valuation Rules.

Classification of Mobileye Connect (Surveying system used for collision avoidance)

April 26, 2023 1638 Views 0 comment Print

It is submitted that Mobileye Connect is a surveying system used for collision avoidance and consists of three main components and functions of which are as under: (i) Camera Unit (ii) Display Unit (iii) GPS Unit

SEBI advisory on Procedure to implement Section 12A of WMD Act

April 26, 2023 1377 Views 0 comment Print

SEBI advisory on Procedure for implementation of Section 12A of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 – Directions to stock exchanges and registered intermediaries as issued Circular No. SEBI/HO/MIRSD/MIRSD-SEC-5/P/CIR/2023/062  Dated: April 26, 2023. Securities and Exchange Board of India Circular No. SEBI/HO/MIRSD/MIRSD-SEC-5/P/CIR/2023/062  Dated: April 26, 2023 To, 1. […]

Nandini Ashram Trust liable for GST registration & Payment

April 26, 2023 5514 Views 0 comment Print

In re Nandini Ashram Trust (GST AAR Gujarat) Brief facts: Nandini Ashram Trust, 207, Sakar 5, B/h Natraj Cinema, Ashram Road, Ahmedabad, Gujarat 380 009 [for short -‘applicant’] is registered under GST and their GSTIN is 24AAATN8773B2ZL. 2. The applicant is engaged in providing a wide range of professional consulting services viz architecture, engineering (MEPF), […]

Section 138 of NI Act not applicable if Cheque issued before account attachment dishonored post attachment

April 26, 2023 2199 Views 0 comment Print

Maharaja Log Home OPC Pvt Ltd and Anr Vs State of Maharashtra and Ors (Bombay High Court) 1. The petition is directed against the order dated 7th September, 2021 passed by Judicial Magistrate First Class, Vashi, Belapur Navi Mumbai in Complaint Case No.1366/SS/2021 under Section 138 of the Negotiable Instruments Act, 1881 issuing process against […]

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