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Archive: 13 April 2022

Posts in 13 April 2022

Revisional Jurisdiction cannot be invoked if no error in order of AO

April 13, 2022 444 Views 0 comment Print

Once it is held that there is no error in the order of ld. AO, the ld. PCIT would be precluded from assuming revisionary jurisdiction u/s 263 of the Act as one of the twin conditions mandated in section 263 is not satisfied.

No Section 54F exemption on Purchase of Office premises

April 13, 2022 6615 Views 0 comment Print

It is apparent from bare reading of section 54F that the exemption becomes available towards capital gain arising from the transfer of any long term capital asset on purchasing or constructing one residential house in India. Thus, it is patent that in order to qualify for exemption u/s.54F, it is necessary that the new asset must be a ‘residential house’.

Transponder charges are not in the nature of’ Royalty

April 13, 2022 774 Views 0 comment Print

ACIT Vs Viacom 18 Media Pvt. Ltd (ITAT Mumbai) The issue in dispute in these both appeal is whether the transponder charges paid by the assessee to three entities listed above is in the nature of the ‘royalty’ and liable for withholding tax. In respect of the three above listed entities, the Tribunal (supra) has […]

Courier Services for Export of Goods eligible for Cenvat Credit

April 13, 2022 579 Views 0 comment Print

Matrix Comsee Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that the limited issue to be decided that whether the Appellant is entitled for cenvat credit on Courier Service. I find that the Appellant claimed that the Courier Service was used for delivery of their export goods from their factory premises to the […]

Performance Security cannot be retained after Acknowledgement of Due Performance of Contract

April 13, 2022 3096 Views 0 comment Print

High Court held that Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performance Bank Guarantee in question. There is no principle in law whereby BSNL could be permitted to retain the Performance Security after it had acknowledged due performance of the Contract.

Service Tax not payable on Toll Collection on behalf of NHAI

April 13, 2022 2016 Views 0 comment Print

Sitaram India Ltd. Vs Commissioner CE & CGST Division-E (CESTAT Delhi) It is observed that activity of collecting toll is covered under the negative list of services. The Appellant has been provided with the Fee Collection Rights i.e., the right to collect toll tax and not to provide any service on behalf of NHAI. Further, […]

Compensation for same accident cannot be claimed under two Acts

April 13, 2022 8781 Views 0 comment Print

R. Geethabanu vs. Government of Tamil Nadu (Madras High Court, Madurai Bench) The Madras High held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act ,1988 as well as the Workmen Compensation Act,1923  in respect of the very same accident. The court also held that previous decisions of various High […]

Who is a GTA & whether issue of Consignment note is mandatory for GTA?

April 13, 2022 23448 Views 0 comment Print

Find out if it is mandatory for Goods Transport Agencies (GTA) to issue a consignment note. Get clarity on the applicability of Reverse Charge Mechanism (RCM) on freight.

First Compliances for a newly incorporated Private Limited Company

April 13, 2022 22518 Views 4 comments Print

Compliance for a private limited Company start immediately (within the first 30-90 days after incorporation). This leaves very little time for any Company to comply else it has to file additional fees for submitting the required forms. Team Entrecap has tried to enumerate all such compliance as below: 1. Registered Office Address: Its optional (and even […]

Equity Crowdfunding in Post-Covid Era: Harnessing the Regulatory Framework

April 13, 2022 987 Views 0 comment Print

By raising capital from a large number of investors, a project or a venture can raise funds through crowdfunding. Online charity events and social networks are usually used for crowdfunding. Fundraising through crowdsourcing is currently used widely for artistic projects, start-up companies, medical expenses, travel, and community-based social entrepreneurship projects.

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