Held that, the power to order a provisional attachment of the property of the taxable person including a bank account is draconian in nature and the conditions which are prescribed by the statute for a valid exercise of the power must be strictly fulfilled.
The financial services sector comprises a wide variety of economic services that exist in the world today. Although this term applies to banking, investment and insurance services without exception, it is not limited to this. The financial services industry as a whole is concerned with funds and, more precisely, acts as a bridge in transferring […]
The authority to refund the taxes in the GST provisions is found under section 54 of the CGST Act and section 16 of the IGST Act respectively. Before dwelling upon the deeper analytical discussion in these refund mechanisms, it would be appropriate first to have bare look upon relevant provisions as they stand; The provisions […]
Self Certification basis instead of Annual Return / Reconciliation: Through amendment in Section 44 of the CGST Act, the requirement for certification of reconciliation statement (GSTR-9C) by a Chartered accountant/ Cost accountant has been removed. It is provided that the annual return, which shall include reconciliation statement, will be filed on self-certification basis. Consequently, Section […]
Frequently Asked Questions on Form 10A (Application for registration or provisional registration or intimation or approval or provisional approval) as notified vide Notification no. 19/2021 dated 26/03/2021 FAQ 1: A charitable trust has obtained registration under Section 12A of the Income-tax Act, 1961. Now, it wants to obtain registration under Section 80G of the relevant […]
Role of Election Commission (EC) in conducting elections in five States in India during COVID Pandemic Election Commission has announced poll dates for five States West Bengal, Assam, Kerala, Tamil Nadu and Puducherry on 27th February 2021. Considering the fact in this year, when whole World is sadly gripped and shattered by the deadly Corona […]
Analysis of Supreme Court Decision in Mother Superior Adoration Convent relating to interpretation of Exemption provisions Introduction Supreme Court Decision in Dilip Kumar and Company had at one point of time appeared to have closed all alternate doors of interpreting exemption provisions by clearly stating that any benefit of doubt in interpreting the exemption provisions […]
Article analyses recent Supreme Court Judgment in the case of DCIT Vs Pepsi Foods Ltd. in which while deciding the constitutional validity of the third proviso to Section 254(2A) of the Income Tax Act, 1961 it was held by SC that Any order of stay shall stand vacated after the expiry of the period or […]
Introduction: What is Limited Liability Partnership? Limited Liability Partnership is a hybrid form of structure where features of partnership and companies are combined together, and members can avail the benefit of limited liability while at the same time having the flexibility of organizing their internal management on the basis of mutually-arrived agreement, as in the […]
HC quashed the order passed by the officer levying the entire tax liability on the purchasing dealer without involving the seller, where the payment of tax has been made by the purchasing dealer, but the same has not been remitted to the Government by the Seller. Held that, the omission on the part of the Seller to remit the tax should have been viewed very seriously and strict action ought to have been initiated against the seller.
