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SEBI not competent to take action against CA for lack of Due Diligence

February 28, 2022 2169 Views 0 comment Print

Mani Oommen Vs SEBI (Securities Appellate Tribunal) SAT held that once the appellant is not found responsible for the preparation of the financials of the company merely because he was not cautious or did not carry out due diligence properly will not suggest that the appellant colluded with the promoters and the directors of the […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1416 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

Comfort patch classifiable under HSN 3005- GST Rate 12%

February 28, 2022 5214 Views 0 comment Print

In re Lagom Labs Private Limited (GST AAR Tamilnadu) Q. Whether the Cramp comfort patch are to be classified under Chapter Heading 3004 attracting 12% GST under serial no. 63 or Chapter Heading 3005 attracting 12% GST under serial no. 64 in Schedule II of Notification 01/2017 – Central Tax (Rate) dated 28 June 2017 […]

Multiple GST registrations for multiple companies from same address: AAR rejects application

February 28, 2022 27537 Views 0 comment Print

In re Spacelance Office Solutions Private Limited (GST AAR Tamilnadu) Can GST registrations be allowed for multiple companies from same address, provided they follow all GST rules related to ‘Principle Place of Business’? An applicant can seek an Advance Ruling only in relation to supply of goods or services or both undertaken or proposed to […]

Only supplier is eligible to seek advance ruling under GST

February 28, 2022 2469 Views 0 comment Print

In re A. Nirmala (GST AAR Tamilnadu) AAAR held that if a recipient obtains a ruling on the value to be adopted of his inward supply of goods or services, the supplier of such goods or services is not bound by that ruling and he is free to assess the supply according to his own […]

Primary onus discharged on establishing identity and creditworthiness of share applicants & genuineness of transactions 

February 26, 2022 1545 Views 0 comment Print

DCIT Vs Sanverwala Jewellers Pvt Ltd (ITAT Indore) In this case Assessing Officer merely doubted the investment made by the share applicants for the reason that they did not submit any proof regarding agricultural activities done by them. It is therefore quite evident that the Assessing Officer himself accepted the identity of the share applicants […]

AO cannot make addition by relying on rejected books of accounts

February 26, 2022 7200 Views 0 comment Print

ACIT Vs ISMT Limited (ITAT Pune) It is settled position of law that the Assessing Officer cannot rely on the same books of accounts which are rejected for the purpose of making any other additions as held by the Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions vs. CIT, 232 ITR 776 […]

Consultation paper for allowing FPIs to participate in Commodity Derivatives market

February 26, 2022 1074 Views 0 comment Print

The objective of Consultation paper for allowing FPIs to participate in Commodity Derivatives market is to solicit comments/views from the public on the proposal to allow Foreign Portfolio Investors (FPIs) registered with SEBI to participate in Exchange Traded Commodity Derivatives (ETCDs) in recognized stock exchanges.

Swing pricing framework for mutual fund schemes – Extension of timeline

February 25, 2022 990 Views 0 comment Print

SEBI had stipulated swing pricing framework for mutual fund schemes. Based on the request received from AMFI, it has been decided to extend the implementation date of the provisions of the aforesaid circular to May 1, 2022.

Guidelines for GST return scrutiny for tax periods 2017-18 & 2018-19

February 25, 2022 43743 Views 1 comment Print

The guidelines with respect to technical issues pertaining to return scrutiny have been issued vide Internal Circular referred at Sr. No. 02. However, there are certain legal issues which have arisen in the course of the work of GST return scrutiny.

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