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Archive: November, 2022

Posts in November, 2022

Draft IFSCA (Investment by IFSC Insurance Office) Regulations, 2022

November 22, 2022 882 Views 0 comment Print

The proposed draft IFSCA (Investment by International Financial Service Centre Insurance Office) Regulations, 2022 inter-alia provides for manners and processes of investment of IIO s by the IIOs, in various global jurisdiction including in India. The proposed regulations also provide for various matrix, guidance, limitations on investments.

SEBI Checklist of buyback of shares

November 22, 2022 4122 Views 0 comment Print

Learn about the SEBI checklist for buyback of shares. Get insights into the provisions and regulations to consider before opting for a buyback.

Time limit prescribed u/s 130(A)(4) of the Customs Act is directory

November 22, 2022 1590 Views 0 comment Print

Bombay High Court held that the time limit of 120 days prescribed in Section 130(A)(4) of the Customs Act, in our view, should be construed as being directory only and not imperative.

Provisional release granted to dry dates being perishable goods

November 22, 2022 2160 Views 0 comment Print

CESTAT Ahmedabad ordered provisional release of perishable goods i.e. dry dates holding that in case of perishable goods provisional release of the goods should be allowed expeditiously.

Comparability depends on the company operating in wholesale or retail trade

November 22, 2022 1254 Views 0 comment Print

ITAT Bangalore held that rule 10B(2)(d) of the Income Tax Rules provide that the company is in the wholesale trading and retail trading have to be considered separately for the purpose of comparison.

Order passed without furnishing relied upon documents to assessee is against the principles of natural justice

November 22, 2022 4515 Views 0 comment Print

Andhra Pradesh High Court held that the assessment order was passed without furnishing the important documents which are the base of the order to the petitioner enabling the petitioner to make a representation or produce any material contra to the same. Such order is against the principles of natural justice.

Addition u/s 68 of the Income Tax Act unsustainable in absence of fresh receipt of money

November 22, 2022 1626 Views 0 comment Print

ITAT Mumbai held that loan lying in the proprietorship concern books of the assessee is converted as gift during the year under consideration hence there was no fresh receipt of money. Accordingly, addition under section 68 of the Income Tax Act is unsustainable.

Exemption u/s 10 unavailable as land doesn’t qualify as agricultural land

November 22, 2022 1428 Views 0 comment Print

ITAT Ahmedabad held that exemption under section 10 of the Income Tax Act not available as the said land was non-agricultural land as it failed to fulfil twin conditions for qualifying as agricultural land.

Exemption from additional duties of customs available to hard disk drives

November 22, 2022 705 Views 0 comment Print

CESTAT Mumbai held that settled classification may be unsettled only by the argument of inapplicability owing to the distinguishable nature of the product. Accordingly, benefit of exemption from additional duties of customs allowed to hard disk drives.

Deduction u/s 57(iii) allowable if primary motive of expenditure is to earn income

November 22, 2022 5280 Views 0 comment Print

ITAT Chandigarh held that for claiming deduction u/s 57(iii) of the Income Tax Act primary motive of incurring such expenditure should be directly relatable to the earning of income falling under the head income from other sources. Such expenditure are deductible even if there is net loss.

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