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GST on recovery of Notice Pay from employees- No Ruling by AAAR due to difference of Opinion

February 9, 2022 4368 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) Question: Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee?” Answer: AAAR […]

Standard Operating Procedure For GST Registration

February 9, 2022 22449 Views 0 comment Print

It is noticed that there is a lack of basic knowledge of law w.r.t. existing laws which are applicable and which are applied in the registration for GST. The following steps shall be followed by the various Jurisdictional Commissionerate prior to the staffing and delegation of work relating to GST Registration:

Non communication of intimation by Tax Professional is sufficient cause for condonation of delay in appeal filing

February 9, 2022 1863 Views 0 comment Print

Sameer Granites Pvt.Ltd. Vs ACIT (ITAT Bangalore) In the instant case, the assessee had submitted that the orders passed u/s 200A of the Act were never served on the assessee physically or otherwise. It was stated that intimation u/s 200A downloaded from the office of the Assessing Officer by the Tax Professional, was not communicated […]

Depreciation not allowable on Portion of Factory leased to earn Rent

February 9, 2022 7557 Views 0 comment Print

In this case, assessee is engaged in manufacturing of automobile components and let out 50% of its factory building on lease and earned rental income. Thus, the ld. CIT(A) has rightly held the rental income as income under the head house property. Having the rental income held as income under the head house property, the assessee is not eligible for claim of depreciation on the let out portion.

AO cannot change Valuation Method of Shares to Tax Share Premium

February 9, 2022 2349 Views 0 comment Print

Fortigo Network Logistics Pvt. Ltd. Vs ACIT (ITAT Bangalore) In the instant case, both the additions, i.e., addition made u/s 56(2)(viib) of the Act and sec.68 of the Act relate to the share premium amount, i.e., both the additions arise out of common issue only. The assessee has also filed certain additional evidences. We earlier […]

Exposure Draft of Initial Application of Ind AS 117 and Ind AS 109

February 9, 2022 4191 Views 0 comment Print

Exposure Draft of Initial Application of Ind AS 117 and Ind AS 109- Comparative Information – Amendments to Ind AS 117, Insurance Contracts

Non-Appointment of CS – penalty reduced considering continuing losses of company

February 8, 2022 579 Views 0 comment Print

Non-Appointment CS – penalty reduced – company is suffering from continuous losses and loss for the financial year 2021-22 was Rs. 5.99/- Crores and accumulated losses of Rs.19.74/- Crores, the accumulated losses is more than the paid up share capital, thus resulting negative net worth of Rs.1.74 Crores

HC denies pre-arrest bail as petitioner failed to prove genuineness of his GST payment

February 8, 2022 1008 Views 0 comment Print

Assistant Commissioner of Taxes, Bongaigaon, has reported that there is no record of the vehicle and there is also no proper document to support transportation of goods by the said vehicle as indicated by the petitioner in his petition as well as in the complaint. That being so, whatever papers submitted by the petitioner to prove the genuineness of his GST payment appears not only to be incorrect, but false also.

SC directs bank to pay monthly compensation for causing Loose of Livelihood to respondent

February 8, 2022 2280 Views 0 comment Print

Indusind Bank Limited Vs Simarjit Singh (Supreme Court of India) In July 2006, the respondent-complainant, Simarjit Singh had availed a loan of Rs. 13,50,000/- from the appellant, IndusInd Bank Limited for financing a truck. The loan was repayable in equal monthly instalments of Rs. 35,150/-. The respondent committed default in payment of three instalments due […]

Ex-parte order should be a Speaking order on merits

February 8, 2022 3849 Views 0 comment Print

Gogad Fabrics Pvt. Ltd. Vs ACIT (ITAT Jodhpur) dmittedly and undisputedly, the assessee chose to be un-represented before the NFAC on as many as three occasions. However, the fact does remain that the NFAC did not adjudicate on the merits of the case but dismissed the assessee’s appeal before it on the ground that there […]

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