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Archive: April, 2022

Posts in April, 2022

Admissibility of house rent allowances on rent paid to spouse & parents

April 25, 2022 32742 Views 5 comments Print

Admissibility of house rent allowances on rent paid to spouse & parents- Threadbare analysis of the chain of events Synopsys to the article: (1) Introduction to the legal framework (2) ITAT rulings and it’s consequential legal implications (3) Key takeaways have been drawn from above cited judicial pronouncements (1) Introduction to the legal framework: House […]

Discharge of Agreement and its Effect on Arbitration Clause

April 25, 2022 6306 Views 0 comment Print

As you are aware that discharge of contract by performance refers to fulfilment of the contract by performance of all the obligations in terms of the original contract, discharge by ‘accord and satisfaction’ refers to the contract being discharged by reason of performance of certain substituted obligations. The agreement by which the original obligation is […]

Overseas Direct investment (ODI)

April 25, 2022 29442 Views 0 comment Print

Overseas Direct Investment Rules  | Regulation and Compliance Requirements 1. Important Definition Direct Investments: Direct investment outside India means investments, either under the Automatic Route or the Approval Route, by way of contribution to the capital or subscription to the Memorandum of a foreign entity or by way of purchase of existing shares of a […]

HC declines exemption from personal appearance under GST

April 25, 2022 3930 Views 0 comment Print

Suresh Balkrishna Jajra Vs Union of India (Rajasthan High Court) This petition has been filed by the petitioner seeking direction of exemption from personal appearance pursuant to summons issued to the petitioner under Section 70 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as ‘the Act of 2017’) issued by Respondent […]

TDS Rate on subcontracting charges paid to Chinese subsidiary will be 10% instead of 20% under Indo-China DTAA

April 24, 2022 4077 Views 0 comment Print

Infosys Limited Vs DCIT (ITAT Bangalore) Conclusion: The applicable rate of TDS on subcontracting charges paid to Infosys China should be considered at 10% as per the India-China DTAA instead of 20% as per section 206AA. Held: Assessee was an Indian company, engaged in the business of development and export of computer software and related […]

A Poetic Tribute to the New Era of Faceless Assessments

April 24, 2022 2043 Views 0 comment Print

Friends, it is often said that a Poem conveys your thoughts in lesser words but with a greater impact. So, here is a Poetic Tribute to the New Era of Faceless Assessments by the author Shri Mayank Mohanka, in his Poem titled, What’s in a Face?. The entire scheme of Faceless Assessments has been explained beautifully in a poetic manner by the author.

Section 14 of Consumer Protection Act permits awarding punitive damage for non-deploy of airbags

April 24, 2022 7059 Views 0 comment Print

The damages awarded against the appellant may have gone beyond the actual loss suffered by the respondent and may not represent the actual loss suffered by him in monetary terms. But the provision of Section 14 of the 1986 Act permits awarding punitive damages.

As per principal provision of Section 56 of CGST Act, interest is payable @ 6% & not 9%

April 24, 2022 4353 Views 0 comment Print

Union Of India & Ors. Vs Willowood Chemicals Pvt. Ltd. (Supreme Court of India) Facts- M/s. Willowood Chemicals Pvt. Ltd. submitting that said Writ Petitioner was entitled on the basis of Section 16 of the IGST Act read with Section 54 of the CGST Act for compensation in receipt of delayed payment as detailed in […]

Liquidated damages, received under any contract, not liable to service tax

April 24, 2022 2328 Views 0 comment Print

The appellants are public sector undertakings established by the Government of Madhya Pradesh for distribution of electricity. The issue is whether service tax can be levied on liquidated damages received by the appellants from the other parties who failed to perform as per the contracts.

AO cannot assume Section 153C jurisdiction in absence of incriminating documents

April 24, 2022 3405 Views 0 comment Print

Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) Since the proceedings u/s. 153C of the Act were initiated in the present case on the basis of documents which we have held above neither belonged to the assessee nor were incriminating in nature, they were not sufficient for assuming jurisdiction u/s. 153C of the Act. The […]

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