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Archive: 14 December 2022

Posts in 14 December 2022

Addition towards share premium sustained by invoking provisions of section 56(2)(viib)

December 14, 2022 2919 Views 0 comment Print

ITAT Kolkata held that company incorporated on 07.11.2012 and valuation of share done on 16.11.2012, therefore share premium on issue of equity share capital and issue of preference share capital are hit by provisions of section 56(2)(viib) of the Income Tax Act and hence addition towards share premium sustained.

Writ dismissed as circular issued by District Central Cooperative Banks merely informed adhering to the provisions of section 194N

December 14, 2022 978 Views 0 comment Print

Madras High Court dismissed the writ petition challenging the circular issued by District Central Cooperative Banks as the circular merely sought to bring to the notice of the petitioner societies the statutory provisions in regard to the deduction of tax, enjoining that they adhere to and comply with the same.

Trust is included in definition of ‘person’ hence can be a ‘resolution applicant’

December 14, 2022 3864 Views 0 comment Print

NCLAT Chennai held that the word Person, is defined as per Section 3 (23)(d) of the I & B Code, which includes a Trust, therefore, there is no Fetter / Embargo or a Legal Impediment, for a Trust, to be a Resolution Applicant, in submitting a Resolution Plan

Renting income from cargo agents, airlines, etc. eligible for deduction u/s 80IA

December 14, 2022 732 Views 0 comment Print

ITAT Bangalore held that rental income is inseparably connected with the business carried on by the assessee and emanate directly from the business of the undertaking. Accordingly, rental income derived by the assessee from Cargo Agents, Airlines, Banks etc., is derived from the cargo business and eligible for deduction u/s. 80IA. The addition is deleted.

Revenue needs to establish the smuggled nature of the goods

December 14, 2022 468 Views 0 comment Print

CESTAT Delhi held that as the goods are not being notified under section 123 of the Act, it is onus on the revenue to establish the smuggled nature of the goods. In absence of any evidence, allegation of smuggled nature unsustainable.

Provisional attachment of property without initiation of proceedings is unsustainable

December 14, 2022 1602 Views 0 comment Print

Gujarat High Court held that provisional attachment of property under section 83 of the CGST Act can be invoked only during pendency of certain proceedings. In absence of any initiation of proceedings, powers of provisional attachment cannot be exercised.

Board Resolution For Account Closure & Appointment of Chief Executive officer

December 14, 2022 13641 Views 0 comment Print

Streamline your companys financial operations with our Board Resolutions. Learn how to close bank accounts efficiently, specifying the process for immediate closure. Also, gain insights into appointing a Chief Executive Officer, ensuring compliance with legal requirements. Download our expertly crafted resolutions for a smooth and secure corporate governance process.

Section 263 cannot be invoked to correct section under which penalty is leviable

December 14, 2022 4260 Views 0 comment Print

ITAT held that invocation of provision of 263 to correct section under which penalty is leviable or not is beyond the power vested under section 263 of Income Tax Act,

Analysis of Amendment in Rule 37 disallowance of ITC for Non-payment to suppliers within 180 days

December 14, 2022 17805 Views 1 comment Print

Provisions of Section 16 and Rule 37 governs implications to recipient who has availed ITC but has failed to pay to supplier, the payment towards value of supply and tax thereon within prescribed time period.

Format of Monthly Development & Activity Report submission by Stock Exchanges in IFSC

December 14, 2022 645 Views 0 comment Print

Pursuant to discussions with the Stock Exchanges, with a view to ensure uniformity in the reporting of monthly developments and activities at the Stock Exchanges, the formats of the MDR and MAR have been revised and copies of the same are enclosed as Annexure A and Annexure B, respectively.

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