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Appellate Authority

ITC can be claimed even in Mismatch of 2A & 2B provided Purchasing Dealer has taken all steps diligently

August 27, 2021 7626 Views 0 comment Print

Revenue is precluded from invoking section 9(2) (g) of the DVAT Act  to deny ITC to a purchasing dealer who has bona fidely entered into a purchase transaction with a registered selling dealer who had issued a tax invoice reflecting the Taxpayer Identification Number

Complaints lodged in SCORES system & related correspondence, can be accessed online

September 4, 2020 612 Views 0 comment Print

Avinash Chandra Trivedi Vs CPIO (SEBI Appellate Authority) It is observed that the Action History of the complaint reveals the action taken and the date-wise progress disposal of the complaint. It is understood that all the complaints which are lodged in the SCORES system and the related correspondence, can be accessed online on SCORES website […]

Only a member of ICAI can file appeal before Appellate Authority

February 26, 2020 7020 Views 1 comment Print

Neville Nadir Mistry Vs Board of Discipline (Appellate Authority) only a member of the Institute can file an appeal before the Appellate Authority if he is aggrieved by any order as provided under Section 21 A(3) or Section 21B(3) of the Chartered Accountants Act, 1949. During the course of arguments, the complainant conceded that under […]

AA imposes Penalty of Rs. 50k on DC of ICAI for being negligent

February 26, 2020 1137 Views 0 comment Print

On perusal of the record, it reveals that the Institute was negligent in the non­compliance of the directions of this Appellate Authority. The DC was required to seek extension of time from this Authority had there been any difficulty on any count to dispose of the matter within six months.

Appellate Authority shows displeasure for use of it to recover dues

February 18, 2020 741 Views 0 comment Print

Aakansha Vaid Vs ICSI (Appellate Authority of ICSI) he Authority records its displeasure about the conduct of the Complainant during the entire proceedings. The Complainant lodged a comprehensive Complaint supported with several documents before the Institute on 3rd August 2017. He sent letter dated 1st September 2017 providing certain information sought by the Institute. However, […]

Appellate Authority explains Rule 3(4) of CA Professional Misconduct Rules

February 5, 2020 1731 Views 0 comment Print

Ashok A Jain Vs Director (Discipline) (Appellate Authority of ICAI) Now coming to the question if this Board Resolution satisfies the requirement of Rule 3 (4) of the Rules. It has been contended on behalf of the Appellant that this Resolution is a general Resolution in favour of Simon Tippet and not a specific Resolution […]

First GST AA Decision- Section 129 proceeding cannot be initiated for Minor mistake(s) in e-way bill

December 7, 2019 21153 Views 0 comment Print

In case a consignment of goods is accompanied with an invoice or any other specified document and also an e-way bill, proceedings under section 129 of the CGST Act may not be initiated in case of minor mistakes like error in one or two digits/characters of the vehicle number.

ICAI fined Rs. 50000 by Appellate Authority for not complying its directions

October 15, 2019 2298 Views 0 comment Print

Authority is of the view that further period of four months be given to the Institute to complete its entire proceedings on priority. The Institute is, however, burdened with penalty of Rs.50,000/- in each appeal payable to the Appellate Authority within 2 weeks from the date of receipt of this order.

Misconduct if a CA indulge in other business without permission

June 1, 2019 12894 Views 0 comment Print

Appellant in this case was actually involved in the business of the company and he formed this company along with his family members in order to venture into a new business apart from the profession of chartered accountancy. The Appellant did indulge in the business without the permission of the Council. He was, therefore, rightly held guilty of professional misconduct by the Board of Discipline.

After amendments Onus of proving a benami transaction rests entirely on owner/ benamidar

April 23, 2019 4434 Views 0 comment Print

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) It is correct that after amendment in Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) , the onus of proving a benami transaction rests entirely on the shoulders of the respondents. Before amendment, the burden of proof was on the prosecution to prove […]

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