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Archive: December, 2022

Posts in December, 2022

SVLDRS: Liability acknowledged by a statement recorded during investigation is sufficient

December 23, 2022 657 Views 0 comment Print

Vaztar International Pvt. Ltd. Vs Union of India & Ors. (Bombay High Court) Rejection of application filed under SVLDRS, 2019 on the ground of ineligibility with the remark that DGGI had informed that the quantification was not done prior to 30.06.2019. The Designated committee rejected SVLDRS Form-1 on the ground that the petitioner was ineligible as […]

Inadvertent mistake committed while filing return cannot take away rights of assessee

December 23, 2022 7122 Views 0 comment Print

ITAT Rajkot held that department cannot take away rights of the assessee just by inadvertent mistake committed by the assessee at the time of return filing.

Designated committee not considered full amount of pre-deposit made – HC directs DC to relook the same

December 23, 2022 444 Views 0 comment Print

Bijal Dhimankumar Vyas Vs  Union of India (Gujarat High Court) The Designated committee (DC) did not consider the amount of pre-deposit made during investigation. The High Court held that the CESTAT had granted stay to the Petitioner on the basis of payment of pre-deposit. Thus, this deposit is not in dispute. The rejection was set […]

Attribution to PE as article 7(1) of DTAA doesn’t apply when foreign enterprise is making loss

December 23, 2022 2121 Views 0 comment Print

Delhi High Court held that as per Article 7(1) of DTAA attribution of profits to Permanent Establishment arises only if foreign enterprise is making a profit. The same is not applicable if foreign enterprise is making a loss.

Deduction u/s 54B ineligible if land not used for agricultural purpose

December 23, 2022 1566 Views 0 comment Print

ITAT Pune held that deduction under section 54B of the Income Tax Act is available only if the land was used for agricultural purpose in the immediate two preceding years. in absence of the same, deduction u/s 54B ineligible.

Addition u/s 68 merely based on presumption/ suspicion is unsustainable

December 23, 2022 2139 Views 0 comment Print

ITAT Pune held that addition u/s 68 of the Income Tax Act merely on the basis of presumption or suspicion without any corroborated evidence is unsustainable.

Incorporation of Subsidiary of Foreign Company in India & Practical Steps of Part A & B Spice

December 23, 2022 5859 Views 0 comment Print

Indian Companies Act, 2013 (Act) allows the incorporation of Subsidiary Company of Foreign Company in India. The Subsidiary Company of Foreign Company means either controls the composition of the Board of directors or exercises or controls more than half of the total share capital.

Disallowance of loss on share unsustainable as evidences duly submitted

December 23, 2022 999 Views 0 comment Print

ITAT Ahmedabad held that disallowance of loss on share on mere conjecture and surmises is unsustainable as assessee duly submitted all the evidences.

All About External commercial borrowing

December 23, 2022 22998 Views 0 comment Print

Understand all about External Commercial Borrowing (ECB) & how it can be used to finance business growth, asset purchase & more. RBI regulation applies.

Interest income to co-operative society from investment with co-operative bank is eligible for deduction u/s 80P(2)(d)

December 23, 2022 6663 Views 0 comment Print

ITAT Mumbai held that the interest income earned by a cooperative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Income Tax Act.

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