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Archive: August, 2022

Posts in August, 2022

What is Alternative Investment Funds (AIF) ?

August 18, 2022 11667 Views 0 comment Print

AIF Means, privately pooled investment vehicle which collects funds from investors, whether Indian or foreign, for investing it in accordance with a defined investment policy for the benefit of its investors.

Special Additional Excise Duty on Diesel increased to Rs. 6 per litre

August 18, 2022 996 Views 0 comment Print

Seeks to further amend No. 04/2022-Central Excise, dated the 30th June, 2022 , to increase the Special Additional Excise Duty on Diesel vide Notification  No. 23/2022-Central Excise | Dated: 18th August, 2022 NINISTRY OF FINANCE (Department of Revenue) New Delhi Notification  No. 23/2022-Central Excise | Dated: 18th August, 2022 G.S.R. 641(E).—In exercise of the powers […]

No tax on capital gain in case of permissive possession in Immovable Property

August 18, 2022 3027 Views 0 comment Print

Assessee had given permissive possession and not legal possession, as contemplated within the meaning of section 53A of the Transfer of Property Act. Therefore, the provisions of section 53A of the Transfer of Property Act, were not applicable to the impugned Joint Development Agreement and the conditions laid down in section 2(47)(v), could not be invoked, so as to bring the capital gains into tax in the assessment year 2012-­2013.

No addition if nexus exist between expenses incurred & purpose of business

August 18, 2022 1980 Views 0 comment Print

Once it is established that there was nexus between the expenditure and purchase of the business (which need not necessarily be the business of the assessee itself) the Revenue could not justifiably claim to put itself in the arm-chair of the businessman or in the position of the board of directors and assume the role to decide how much was reasonable expenditure having regard to the circumstances of the case.

Disqualification of director u/s 164(2) for non-submission of return of dissolved company is unsustainable

August 18, 2022 2142 Views 0 comment Print

Eanokaran Anthony Tony Vs Union of India (Kerala High Court) Held that disqualification of the director under section 164(2) of the Companies Act, 2013 for failure to submit returns with respect to a dissolved company is untenable in law. Facts- Petitioner was the Director of a company named Margin Free Kuries Private Ltd. As the […]

Revised rate of import duty not applicable to bill of entry presented before issuance of notification

August 18, 2022 1998 Views 0 comment Print

Held that bill of entry was self-assessed before the notification no. 103/2020- Customs (N.T.) dated 29.10.2020 was issued. Accordingly, revised rate of duty not applicable.

Employees’ contribution to PF deposited before filing of return is allowable deduction

August 18, 2022 3003 Views 0 comment Print

Held that disallowance u/s 36(1)(va) unsustainable as the amount of employees’ contribution to the provident fund deposited before filing of return.

Section 44DA not applicable when the amount received doesn’t qualify as royalty/ FTS

August 18, 2022 2616 Views 0 comment Print

Held that as the amount received by the assessee is not in the nature of royalty or FTS, section 44DA of the Income Tax Act will not apply.

Expenditure of telecommunication lines paid on monthly recurring basis are revenue in nature

August 18, 2022 1095 Views 0 comment Print

Held that assessee incurs monthly recurring charges for telecommunication lines and since such expenditure doesnt bring any benefit of enduring nature the same are revenue in nature.

5 new Functionality for Tax Payers in GST Portal wef 16.08.2022

August 18, 2022 14250 Views 0 comment Print

GSTN enables Functionality for Tax Payers in GST Portal wef 16.08.2022 related to CORE Amendment Link For Taxpayers who fail To Update Bank account, Changes in HSN length validation in Form GSTR-1, HSN based validation in Form GSTR-9, Generation of GSTR-11 based on GSTR-1  and GSTR- 5 for UIN holders and Updation of Statistics on […]

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