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Archive: July, 2022

Posts in July, 2022

Addition towards cloud based services, not a royalty, not sustainable

July 18, 2022 1134 Views 0 comment Print

Held that the authorities fallen in error in considering the subscription received towards cloud serviced to be royalty income

Service tax cannot be levied under RCM for letting out of residential property by Director to Company

July 18, 2022 1422 Views 0 comment Print

CESTAT held that service tax cannot be levied on the company for payment of rent to the director unless such premises are used for commercial purpose.

Addition u/s 40A(3) of Income Tax Act in absence of evidence of tax evasion is unsustainable

July 18, 2022 1137 Views 0 comment Print

ITAT Patna held that in absence of any evidence of tax evasion by showing fictitious or false transactions, addition by invoking provisions of section 40A(3) of the Income Tax Act unsustainable.

‘Himalya Real Estate’ not passed ITC benefit to 189 homebuyers: NAA

July 18, 2022 1014 Views 0 comment Print

Rahul Gautam Vs Himalya Real Estate Pvt. Ltd. (NAA) The Authority finds that, the DGAP has given a categorical report based on its verification that, the benefit of ITC has been passed on by the Respondent to all 189 homebuyers/customers who have booked their units on or after 1.07.2017 by way of giving deduction in […]

AAR refrained from answering the question raised as matter is sub-judice

July 18, 2022 2334 Views 1 comment Print

Rameshwar Havelia (GST AAR Uttarakhand) – We refrain ourselves from answering the question raised by applicant as the matter is sub-judice.

Serving of liquor is not charitable activity under section 2(15)

July 18, 2022 8277 Views 0 comment Print

ITAT held that ‘serving of liquor is not charitable activity under section 2(15) of the Income Tax Act, 1961,

Late Filing of Appeal – Scarcity of Advisors not valid reason for SBI

July 18, 2022 951 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Pune) We find that the assessee had deducted TDS as per rates prescribed by the Act and the same was deposited in Central Government account, but with a delay in filing the TDS statement as required under law. For such failure the respondent-revenue levied late fee u/s. 234E […]

Levy of Goods & Services Tax (GST) on the fees payable to SEBI

July 18, 2022 2226 Views 0 comment Print

GST Council in its meeting held on June 28 and June 29, 2022, recommended inter alia to withdraw the exemption granted to services by SEBI and the same has been notified vide Notification No.4/2022 dated 13th July, 2022.

Inadequate inquiry not amount to erroneous order, Section 263 cannot be invoked

July 18, 2022 2787 Views 0 comment Print

Held that an inquiry made by the AO, considered inadequate by the Commissioner of Income Tax, cannot make the order of the Assessing Officer erroneous. Thus, the Commissioner of Income Tax by invoking revisionary powers u/s. 263 cannot impose his own understanding of the extent of inquiry.

Section 54F deduction eligible against new residential house acquired outside India

July 18, 2022 2509 Views 0 comment Print

Held that deduction u/s 54F is available against new residential house acquired outside India as provisions of section 54F doesn’t use the word ‘in India’.

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