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Archive: November, 2022

Posts in November, 2022

Differential Tax Amount Post-GST Not Reimbursed to Contractors

November 23, 2022 2958 Views 0 comment Print

HC granted major relief to contractors by staying the coercive steps against the contractors and ordered the State GST department to abide by its circular, Finance Department vide Office memorandum No. FIN-CTI-TAX-0045-2017/38535/F dated December 10, 2018 to address the problems with works contracts brought on by the change from VAT to GST tax system

Unrealized sale proceeds should be excluded from export and total turnover

November 23, 2022 1176 Views 0 comment Print

ITAT Chennai held that deduction under section 10A of the Income Tax Act should be computed after excluding unrealized sale proceeds from export turnover as well as total turnover.

What is HUF and how to make HUF deed?

November 23, 2022 40227 Views 7 comments Print

Learn about the concept of Hindu Undivided Family (HUF) and the process of making a HUF deed. Understand the legal and financial implications of forming a HUF.

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

November 23, 2022 924 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 3594 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 2289 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 1902 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 4674 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 1095 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 1713 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.

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