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Archive: 23 November 2022

Posts in 23 November 2022

Breach of condition of notification cannot be said to be a dispute with respect to valuation

November 23, 2022 630 Views 0 comment Print

Commissioner of Central Excise Customs And Service Tax Mysore Vs Such Silk International Ltd. (Supreme Court of India) High Court has dismissed the appeal filed by the Department under Section 130 of the Customs Act as not maintainable by observing that as the dispute can be said to be a dispute with respect to valuation […]

TDS not deductible on NCDs & FDR of value less than Rs. 5000: SC

November 23, 2022 3324 Views 0 comment Print

SC held that that on non-convertible debentures and fixed deposit of the value less than Rs.5,000/-, there shall not be any TDS leviable.

Article 13(4) of DTAA benefit is available on entire STCG/ LTCG before setting off brought forward STCG/LTCG

November 23, 2022 1818 Views 0 comment Print

ITAT Mumbai held that assessee is entitled to claim benefit of Article 13(4) of DTAA in respect of entire current year Short/Long Term Capital Gains, without setting of the Brought Forward Short/Long Term Capital Gains.

CIT(A) cannot accept Additional Evidence in Violation of Rule 46A

November 23, 2022 1446 Views 0 comment Print

When additional evidence entertained by the CIT(A) has not been brought on record in accordance with Rule 46A subsequent findings on the same are vitiated because there is not even a whisper of remand report admittedly submitted in this case by the AO.

Condonation cannot be granted under Section 61 of IBC as limitation period is 30 days which is extendable to 45 days

November 23, 2022 4218 Views 0 comment Print

In present facts of the case, the NCLAT rejected the application praying condonation of delay as it was filed after 45 days of the passing of the Impugned Order and by virtue of Section 61 of Insolvency and Bankruptcy Code, 2016 the condonation cannot be granted.

Loss cannot be disallowed merely for Code modifications by stock broker

November 23, 2022 876 Views 0 comment Print

Code modifications carried out by the stock broker should not affect the claim of the assessee unless it is proved that the assessee has colluded with the stock broker in carrying out the modification

DGFT doesn’t have power to amend FTP policy

November 23, 2022 1281 Views 0 comment Print

Madras High Court held that DGFT has powers to only clarify the doubts raised as to the interpretation of Policy and doesnt have powers to amend the FTP policy. Accordingly, 100% EOU eligible for benefits of availing SHIS.

Invocation of power u/s 263 unjustified as order neither erroneous nor prejudicial to interest of revenue

November 23, 2022 1053 Views 0 comment Print

ITAT Bangalore held that revisionary power u/s 263 cannot be invoked when the order passed by AO is neither erroneous nor prejudicial to the interest of revenue.

Disallowance u/s 14A untenable for non-satisfying the formula contained in rule 8D

November 23, 2022 690 Views 0 comment Print

ITAT Mumbai held that AO had only recorded general satisfaction but not with reference to the accounts of the assessee and hence has not satisfied the formula contained in rule 8D in order to compute disallowance u/s 14A of the Act.

Export duty removal on steel will strengthen steel sector

November 23, 2022 690 Views 0 comment Print

Union Minister of Steel and Civil Aviation Shri Jyotiraditya Scindia stated that the removal of export duties on steel and stainless steel by the government will herald a new era for the nation’s steel sector, and allow it to firmly establish its position in the global market.

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