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Archive: 17 October 2022

Posts in 17 October 2022

On approval of resolution plan old management of Corporate Debtor should be treated as fresh

October 17, 2022 2058 Views 0 comment Print

NCLT Mumbai held that once the resolution plan is approved by the Adjudicating Authority, the management/ownership of the Corporate Debtor shall be considered as fresh, even if the directors/promoters of the Corporate Debtor (MSME) remain the same.

Liability u/s 66A unsustainable as service provider and receiver are overseas entities

October 17, 2022 789 Views 0 comment Print

CESTAT Mumbai held that the provisions of service to the overseas entity by an entity situated abroad does not merit liability under section 66A of Finance Act, 1994. Accordingly, set aside tax recovery from M/s Singapore Airlines as deemed provider of online information data base access or retrieval service.

Goods are not confiscatable u/s 111(d) of Customs Act can be held to be not prohibited

October 17, 2022 5127 Views 0 comment Print

CESTAT Chennai held that when goods are held not confiscatable under Section 111(d) of the Customs Act, 1962, then it can be reasonably held that the import was not prohibited.

Guidelines on Establishment & Closure of Liaison Office in India by Insurance Company registered outside India

October 17, 2022 1275 Views 0 comment Print

Overseas Insurer applying for opening of LO should have a financially sound track record. A profit making track record during the immediately preceding three financial years in the home country and net worth of not less than USD 65 million shall be the minimum requirement for applying for opening a Liaison office in India.

Share application money should be excluded while computing disallowance u/s 14A of Income Tax Act

October 17, 2022 579 Views 0 comment Print

ITAT Bangalore held that Share Application Money should not be included in the value of investments. Accordingly, for the purpose of computing disallowance under section 14A of the Income Tax Act, the Share Application Money should be excluded.

Section 80P(2)(a)(i) deduction eligible to Co-operative Society on interest from members

October 17, 2022 2160 Views 0 comment Print

Section 80P(2)(a)(i) Deduction is allowable when interest is derived from credit provided to its members by co-operative credit societies

TPO cannot retain comparables in a summary fashion with no cogent reason

October 17, 2022 750 Views 0 comment Print

PCIT Vs Amway India Enterprises (Delhi High Court) In the present appeal, the learned counsel for the Appellant states that the ITAT erred in confirming the order of the CIT(A) and failed to appreciate the fact that the royalty payment is excessive and not at arm’s length on consideration of Advertisement, Marketing and Promotion (‘AMP’) […]

AO must specify if ITR not been filed by appellant in his Section 148A(b) order

October 17, 2022 1194 Views 0 comment Print

Delhi HC quashes order under Section 148A(d), remands to Assessing Officer. Petitioner to provide sale/purchase deed for fresh decision.

Section 54 exemption cannot be denied to HUF merely for purchase of property in the name of member

October 17, 2022 5397 Views 0 comment Print

ITO Vs Shri Ramesh Kumar (HUF) (ITAT Bangalore) It should be kept in mind that the Hindu Law does not recognize a joint Hindu family or coparcenery as a juristic personality capable of holding property and as an entity separate from the members of the family. The true position in law is that all the […]

GST Registration cannot be cancelled by Infraction of Rule 25 of CGST

October 17, 2022 1725 Views 0 comment Print

Balaji Enterprises Vs Principal Additional Director General, Directorate General of GST Intelligence & Ors. (Delhi High Court) A perusal of the SCN would reveal, that there is next to nothing stated, as to the reason why the concerned authority proposed the cancellation of registration. As a matter of fact, the concerned authority, ironically, put the […]

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