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Request GST Commissioner to Extend Time for Rectifying Mistake in TRAN-1: HC directs Petitioner

January 11, 2022 4491 Views 0 comment Print

Pioneer Carbide Pvt. Ltd. Vs Union of India (Meghalaya High Court) The present matter is governed by Rule 117 of the CGST Rules of 2017. Thus, on plain reading of the Rule, a registered person who has submitted a declaration electronically in the relevant form is entitled to revise the declaration and file it afresh […]

Penalty cannot be imposed merely for non-filing of Audit Report Electronically

January 11, 2022 6981 Views 0 comment Print

SLV Housing Development Corporation Vs ACIT (ITAT Bangalore) The tax authorities have pointed out time gap in getting a tax audit report from a new CA. However, it is a known fact that it might have taken some time to severe relationship with the earlier CA. However, the fact remains that the tax audit report […]

GST on supply of Solar water pumping system alongwith installation

January 11, 2022 2850 Views 0 comment Print

In re Utsav Corporation (GST AAAR Rajasthan) It was held that controller will attract GST at appropriate rate applicable to items of Chapter Heading 8504. 2. Iron structure designed for use of solar panel is classifiable under Chapter Heading 7308 and neither be classified as solar power based devices nor called as solar power generators […]

Patna HC Quashes GST order passed in violation of Principles of Natural Justice

January 11, 2022 4353 Views 0 comment Print

We form an opinion that the order is bad in law. This we say so, for two reasons- (a) violation of principles of natural justice, i.e. Fair opportunity of hearing. No sufficient time was afforded to the petitioner to represent his case; (b) order passed ex parte in nature, does not assign any sufficient reasons even decipherable from the record, as to how the officer could determine the amount due and payable by the assessee. The order, ex parte in nature, passed in violation of the principles of natural justice, entails civil consequences.

Penalty cannot be imposed on Customs Broker if no deliberate act or omission

January 11, 2022 3855 Views 0 comment Print

Commissioner of Customs Vs B. Dhananjayan (CESTAT Chennai) For violation of Customs Brokers Licensing Regulations the agent is not an inspector, but rather a processing agent of documents with respect to clearance of goods through Customs House; that the mentioning of IE Code of the exporter in the shipping bill would itself reflect that before […]

NCLAT Stays Order Initiating CIRP as parties entered Settlement Agreement

January 11, 2022 1332 Views 0 comment Print

Vinayak K Deshpande Vs Nexo Industries P Ltd (NCLAT Chennai) In view of the fact that the Settlement Agreement has been entered into between the parties and based on the said Agreement, the subject matter is issue is resolved between the parties, as informed by the Learned Counsels appearing for the parties, this ‘Tribunal’, dismisses […]

Delhi govt closes Private offices except those in Exempted Category

January 11, 2022 41763 Views 1 comment Print

All Private Offices shall be closed, except those which are falling under the ‘Exempted Category as prescribed in DDMA’s GRAP Order No. 460 dated 08.08.2021. The practice of work from home shall be followed.

ITAT disallows 7% of the alleged bogus purchase

January 11, 2022 2295 Views 0 comment Print

ACIT Vs Armee Infotech (ITAT Ahmedabad) In the case of Gujarat Ambuja (supra), the AO disallowed 25% of the bogus purchase, which has been reduced to 5% at the level of ITAT. This decision of the ITAT was challenged before the Hon’ble Gujarat High Court, the Hon’ble Court did not interfere in the finding of […]

ICAI requested CBDT to waive penalty for filing of tax audit reports

January 10, 2022 9324 Views 2 comments Print

The Institute of Chartered Accountants of India has submitted a representation on 6th January, 2022 to Chairman, CBDT requesting to consider waiver of penalty and other consequences for furnishing of Report of Audit under any provision of the Income-tax Act, 1961 for the A. Y. 2021-22 after January 15, 2022.

Framework for operationalizing the Gold Exchange in India

January 10, 2022 783 Views 0 comment Print

The supply of the physical gold, to be converted into EGR, shall be the fresh deposit of gold, coming into the vaults, either through imports or through stock exchange/s accredited domestic refineries.

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