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Archive: 25 November 2022

Posts in 25 November 2022

Ban on AIFs following Priority Distribution Model Explained

November 25, 2022 2784 Views 0 comment Print

An Alternate Investment Fund is a privately pooled investment vehicle, which collects funds from investors, for investing it in accordance with a defined investment policy for the benefit of its investors.

Avail One-time Opportunity to claim missed out Transitional Credit in GST

November 25, 2022 12663 Views 0 comment Print

GST Law contains detailed provisions to carry forward the input tax credit earned by the GST Registered Persons Registered Person during the period before 1st of July, 2017. Such credit [left out credits] was to be carried forward/claimed in GST Forms Tran-1 and Tran-2 [T1 and T2] to be filled on GST portal ‘before 27.12.2017’.

CIT(A) should give specific notice if propose to enhance assessment of income

November 25, 2022 1002 Views 0 comment Print

Techna Infrastructure Pvt. Limited Vs ACIT (ITAT Kolkata) ITAT held that in this case Since the ld. Assessing Officer has already decided the issue with regard to the applicability of rate of tax, no further dispute remains pending with the ld. CIT(Appeals). In case, ld. CIT(Appeals) wanted to change the colour of litigation or character […]

Section 194I TDS not applicable on AC maintenance, housekeeping, security & common area maintenance charges

November 25, 2022 9003 Views 0 comment Print

Kamal Jafferali Wadhwania Vs ITO (ITAT Mumbai) Section 194I is applicable only in case of rent may be on plant and machinery (@ the rate of 2%) and for the use any land or building or land appurtenant to a building. In this case assessee is paying a rent/lease charges for the office premises which […]

CESTAT reduces Redemption Fine and Penalty as classification was not conclusive

November 25, 2022 540 Views 0 comment Print

Shree Keshariyaji Metal Impex Vs C.C. (CESTAT Ahmedabad) CESTAT find that as regard the classification of goods that whether the same is Aluminium Scrap or Aluminium Sheet, the assessment was made on the basis of the department’s claim and the appellant have paid the duty. The said assessment was not challenged by the appellant therefore at […]

Derivative contracts entered to hedge exchange risk cannot be treated as trading 

November 25, 2022 855 Views 0 comment Print

PCIT Vs Emmsons International Ltd. (Delhi High Court) Court is of the view that the same was not called for, as the said CBDT Circular No. 3/2010 dated 2nd March, 2010 has been issued in respect of loss on account of trading in foreign exchange derivatives. In the present case, however, the assessee had entered […]

Deduction not allowable for Referral Fees to Doctors & Nursing Homes

November 25, 2022 2346 Views 0 comment Print

Fidelity Diagnostics P. Ltd Vs DCIT (ITAT Pune) The issue in the present appeal relates to allowability of referral fees paid to doctors and nursing home by the appellant company. The Assessing Officer was of the opinion that the payment of referral fees to doctors and nursing home would amount to violation of the provisions […]

ITAT allowed deduction of PF/ESI/EPF deposited late but paid before ITR filing

November 25, 2022 3213 Views 0 comment Print

Ajashy Engineering Sales Pvt. Ltd. Vs ITO (ITAT Delhi) ITAT held that AO was not justified in denying the deduction claimed by the assessee on account of late deposit of PF/ESI/EPF, albeit before filing the return of income. Admittedly in the matter, the Revenue had not contended that the assessee has deposited the contribution after […]

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