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‘Multi-Verse Technologies’ is e-commerce operator for GST: AAR Karnataka

October 27, 2022 2220 Views 0 comment Print

In re Multi-Verse Technologies Pvt. Ltd (GST AAR Karnataka) Applicant is engaged in the business of providing computer software application services designed to run on digital devices such as mobile phones, tablets, personal computers in the state of Karnataka and the said services are meant for facilitating business transactions of supply of goods or services […]

MCA imposes penalty on company for not maintaining its registered office

October 26, 2022 3336 Views 0 comment Print

The Company has not maintained its registered office pursuant to sub-section (1) and (4) of Section 12 of the Act w.e.f. 23.12.2021 (date of spot inspection conducted by this office) thereby attracting penal provisions under sub-section (8) of Section 12 of the Companies Act, 2013. The offence is of serious nature since non-maintenance of registered […]

Operational Creditor cannot change ‘date of default’ by confining invoices to a later period

October 26, 2022 2598 Views 0 comment Print

Whether the ‘Operational Creditor’ can change the ‘date of default’ by confining the invoices to a later period, when the Demand Notice under section 8 includes all the invoices from the date of default and the ‘debt amount’ is crystallized based on the invoices.

Disclosure before criminal investigation wing cannot be treated as disclosure’ before assessing officer in assessment

October 26, 2022 1089 Views 0 comment Print

RKR. Gold P. Ltd Vs ACIT (Madras High Court) The criminal investigation wing is separate and distinct from the assessment wing and disclosure made before one wing will not exonerate the petitioner from the requirement of making a ‘full and true disclosure’ before the assessing officer in assessment. In fact, the apparent difference in the […]

No penalty for mere mentioning of wrong section if case not falls under Section 114(i) of Customs Act: SC

October 26, 2022 957 Views 0 comment Print

It is the case on behalf of the Revenue that it was a case of wrong mentioning of the Section and the case would fall under Section 114(i) of the Customs Act. It is pointed out that, in the show cause notice, there was a reference to Section 114(i) or 114(iii) of the Customs Act. It is submitted that therefore on mere wrong mentioning of Section, the levy of penalty shall not fail.

Adjoining residential houses constitutes a single unit for section 54/54F

October 26, 2022 2184 Views 0 comment Print

Surinder Kumar Malhotra Vs ITO (ITAT Chandigarh) The relevant facts of the case are that qua the Long Term Capital Gain available to the assessee in the year under consideration deduction u/s 54 of the Act was claimed. The said claim was disallowed holding that the proceeds have been applied to acquiring two separate properties. […]

IRDAI permits Repatriation of excess Assigned Capital by FRBs/Lloyd’s India

October 26, 2022 1086 Views 0 comment Print

The request to repatriate the assigned capital shall be submitted by the Foreign Reinsurer, who is engaged in reinsurance business through a branch established in India, justifying the reasons for such request;

GST Provisions of Provincial Statute cannot override provisions of Central Statue

October 26, 2022 1989 Views 0 comment Print

Godrej And Boyce Manufacturing Co. Ltd Vs State of U.P (Allahabad High Court) 1. In all these writ petitions seizure orders and notices issued under sections 129 (1) and (3), respectively, by various authorities, mainly on the ground that E-Way Bill-01 under U.P. Goods and Service Tax Act 2017 (hereinafter referred to as U.P.G.S.T ACT) […]

Section 263 order without appreciating facts in true perspective is not sustainable

October 25, 2022 912 Views 0 comment Print

R.P. Polypacks Pvt. Limited Vs DCIT (ITAT Kolkata) In brief, the issue according to the ld. Commissioner is that the assessee had made provision of Excise Duty, which was not an allowable expenditure and ld. Assessing Officer has erred in accepting this claim of the assessee in an assessment order passed under section 143(3) of […]

CESTAT must check That Notice Was Properly Served before Passing Order

October 25, 2022 1374 Views 0 comment Print

Dipali Electronics Pvt. Ltd Vs Union of India (Bombay High Court) In our view, when Petitioner has been accused of having played role in the procurement of electronic systems and parts for manufacture of automated teller machines and Petitioner has been imposed penalty of Rs.Seventy Five Lakhs under Section 112 of the Customs Act, 1962 […]

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