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Archive: December, 2022

Posts in December, 2022

AO needs to apply net profit rate as ordered by Tribunal

December 5, 2022 1479 Views 0 comment Print

Calcutta High Court directed the assessing officer to apply the net profit rate as ordered by the Tribunal to the entire receipts i.e. disclosed and undisclosed.

LTCG exemption claimed by one co-owner is eligible to another

December 5, 2022 3558 Views 0 comment Print

ITAT Ahmedabad held that once similar Long Term Capital Gain offered and exemption claimed by the co-owner is already accepted by the revenue, another co-owner (assessee) entitled for similar relief.

Provisions of u/s 50C of the Income Tax Act is not applicable to buyer of property

December 5, 2022 4680 Views 0 comment Print

ITAT Delhi held that the deemed valuation of Section 50C of the Income Tax Act cannot be invoked as the said section is applicable in the case of seller of the property only while the appellant is a buyer.

Admissibility of credit can be questioned to Input Service Distributor and not receiver

December 5, 2022 2172 Views 0 comment Print

CESTAT Mumbai held that legality or admissibility of credit can only be question to the Input Service Distributor, since at the receiver end no detail would be available regarding the nature of services.

Appeal u/s 7 of IBC becomes infructuous as recommendation to liquidate company is already pending

December 5, 2022 1413 Views 0 comment Print

NCLAT Delhi held that appeal filed under section 7 of IBC becomes infructuous as recommendation of CoC to liquidate the company is pending for consideration before the Adjudicating Authority.

IRDAI (Other Forms of Capital) Regulations, 2022

December 5, 2022 4318 Views 0 comment Print

INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA NOTIFICATION Hyderabad, the 5th December, 2022. Insurance Regulatory Development Authority of India (Other Forms of Capital) Regulations, 2022 F. No. IRDAI/Reg/8/187/2022.—In exercise of the powers conferred by Section 6A (1) (i) and Section 114A (2) (db) of the Insurance Act, 1938, section 26 of the Insurance Regulatory and […]

Services provided by co-developer to the joint venture is not Business Support Service

December 5, 2022 1398 Views 0 comment Print

CESTAT Ahmedabad held that services provided by an active party to the joint venture is not covered within Business Support Service. Work was assigned on the basis of co-developer and not an agent. Accordingly, service tax not payable.

Services resulting into process amounting to manufacture of goods is exempted from service tax

December 5, 2022 2370 Views 0 comment Print

CESTAT Delhi held that services by way of carrying out any process amounting to manufacture or production of goods, falls under the negative list and is exempted from the levy of service tax.

Relevant date for refund of services availed will be challans showing date of payment within one year

December 5, 2022 732 Views 0 comment Print

CESTAT Mumbai held that for the purpose of determination of limitation the relevant date in case of services availed will be challans showing the date of payment within one year.

Invocation of writ jurisdiction under Article 226 against notice u/s 148 is untenable

December 5, 2022 2058 Views 0 comment Print

Delhi High Court held that the Income Tax Act, 1961 provides an able machinery for assessment/reassessment of tax, the Assessee is not permitted to abandon with the machinery and invoke writ jurisdiction of the High Court under Article 226 of the Constitution of India.

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