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Revised procedure for General Authorisation for Export after Repair in India

October 14, 2022 1974 Views 0 comment Print

Inclusion of Paragraph 2.79C (D) in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to notify the procedure for General Authorisation for Export after Repair in India (GAER)

Suspension, Cancellation or Surrender of Certificate of Registration of CRA

October 13, 2022 1020 Views 0 comment Print

On and from the date of the Order, or the date of submission of request for surrender of certificate of registration to SEBI, as applicable, the concerned CRA shall disclose prominently on its website, the Order or the Request, as the case may be, and communicate the same to its clients within 15 days of the Order or the Request;

Assessment cannot exceed prescribed ‘limited’ scrutiny scope except as per due process of law

October 13, 2022 1572 Views 0 comment Print

Sagar Uttam Murhe Vs DCIT (ITAT Pune) Case law (2020) 120 com 187 CIT vs. Padmavati (Mad) (HC) holds that such an assessment could not exceed the scope of the prescribed ‘limited‘ scrutiny except as per the due process of law. This is indeed coupled with various coordinate benches decisions reiterating the very legal proposition. […]

HC allows delayed filing of appeal against GST Registration cancellation order

October 13, 2022 4029 Views 0 comment Print

Poonamchand Saran Vs Union of India (Rajasthan High Court) It is not disputed that appeal against cancellation of the GST registration can be filed within thirty days which can be extended by a further period of 30 days. The petitioner Poonamchand Saran filed the e-appeal in time but could not submit the hard-copy. On the […]

ITAT Condones 314 days Delay in filing of Form No. 10CCB

October 13, 2022 4065 Views 0 comment Print

Atlantic Bio Medical Pvt. Ltd Vs DCIT (ITAT Mumbai) Assessee had undisputedly filed the return of income electronically but under bonafide belief that the Form 10CCB was to be filed manually with the AO as and when required thus failed to file the same electronically along with the return of income. No doubt ignorance of […]

IRDAI penalises Max Life Insurance for Misrepresentation

October 13, 2022 2124 Views 0 comment Print

Charge: Not complying with directions issued by Insurance Regulatory And Development Authority of India. Decision: The Insurer Max Life Insurance Co. Ltd has not complied with the directions issued by the Authority vide letters dated 28th January, 2021, and dated 5th February, 2016. Therefore, a penalty of Rs 1 crore (Rupees One Crore only) is […]

No Section 271(1)(c) Penalty on Unsustainable Claims

October 13, 2022 1860 Views 0 comment Print

ACIT Vs Indian Drugs & Pharmaceuticals Limited (ITAT Delhi) The penalty order reveals that the impugned penalty has been imposed by the Ld. AO for the solitary reason that the assessee made claim for deduction of expenses which were not allowable. The assessee furnished explanation for claiming higher deduction of expenses in the revised computation. […]

Interest paid for delayed deposit of TDS cannot be equated to penalty

October 13, 2022 2907 Views 1 comment Print

Interest on TDS is not interest paid on income tax per se and the disallowance thereof, is unwarranted and interest paid for delayed deposit of TDS cannot be equated to penalty or breach of law.

Bar U/S 69 of Partnership Act not applicable to Arbitration Dispute of Unregistered Partnership Firm

October 13, 2022 4467 Views 0 comment Print

Md. Wasim Vs Bengal Refrigeration and Company (Calcutta High Court) The partnership deed containing the Arbitration Clause has not been disputed by the respondents. It is also not in dispute that it is an unregistered partnership deed. The objection of the respondents is in respect of the bar contained under Section 69 of the Act […]

Parallel GST Proceedings by different Wings of Same department for same Period not Permissible

October 13, 2022 6522 Views 0 comment Print

R. P. Buildcon Private Limited & ANr. Vs Superintendent, CGST & CX (Calcutta High Court) As could be seen from the records placed before this Court, we find that three wings of the same department are proceeding against the appellants for the very same period, i.e. financial years 2017- 2018, 2018-2019 and 2019-2020. The learned […]

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