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Archive: December, 2022

Posts in December, 2022

Exemption u/s 2(14) not deniable reasoning that land was sold to company not carrying agricultural operation

December 22, 2022 1773 Views 0 comment Print

ITAT Chennai held that test applied by AO that land was sold to a company which was not carrying agricultural operations is not justifiable for denying exemption to sale of agricultural land u/s 2(14) of the Income Tax Act.

What is Digital Rupee and It’s Role in FinTech?

December 22, 2022 2619 Views 0 comment Print

Digitalization seems to have redefined and shaped global economies, especially in the post-covid era. As the world is becoming more and more hyperconnected, banks around the world are experimenting with the concept of digital currency. And India too seems to be smitten by the Central Bank Digital Currency (CBDC) trend.

Telangana HC applies SC Judgment in Filco Trade to give relief in GST TRAN-1 issue

December 22, 2022 3453 Views 0 comment Print

Telangana HC follows SC Judgment in Filco Trade on opening of GST Portal for claiming transitional credit for two months from 01.09.2022 to 30.10.2022.

Recent Updates In GST till 21st December 2022

December 22, 2022 18288 Views 0 comment Print

Tax authorities have been carrying out audit of GST assessee for mainly 2017-18 and 2018-19 for some time now. As a result, over 50,000 notices have been issued to taxpayers who were audited across the country.  These show cause notices seek explanation on various short comings noticed during the audit.

Customs Tariff (Determination of Origin of Goods under Ind­Aus ECTA) Rules, 2022

December 22, 2022 3204 Views 0 comment Print

Customs Tariff (Determination of Origin of Goods under the India-Australia Economic Cooperation and Trade Agreement) Rules, 2022- Notification No. 112/2022-Customs (N.T.), Dated: 22.12.2022  MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi, the 22nd December, 2022 Notification No. 112/2022-Customs (N.T.) G.S.R. 897(E).—In exercise of the powers conferred by sub-section […]

Activity of project developer not leviable to service tax under category ‘Real Estate Agent’

December 22, 2022 744 Views 0 comment Print

CESTAT Ahmedabad held that as per the development agreement it is clear that activity of the appellant is of project developer and not as real estate agent and hence service tax not leviable.

Amount of executive search fee is not ‘fee for technical services’ and hence not taxable

December 22, 2022 726 Views 0 comment Print

ITAT Mumbai held that Executive search fee is not ‘fee for technical services’ under Article 12(5)(a) as well as 12(5)(b) of the India Netherlands Tax Treaty.

Compensation for pre-closure of BOT project is capital receipt hence not taxable

December 22, 2022 1344 Views 0 comment Print

ITAT Pune held that the amount received as compensation for pre-closure of BOT (Build, Operate, Transfer) project is capital receipt. Hence, treating the same as revenue receipt by invoking provisions of section 28(ii)(d) of the Income Tax Act is unsustainable in law.

Difference of grounds between Order & SCN: Delhi HC quashes proceedings

December 22, 2022 3051 Views 0 comment Print

Delhi High Court in the case of Usha Rani Girdhar v. ITO held that Assessing officer cannot add primary allegation in Notice by issuing Supplementary Notice.

Clause by clause analysis of other disclosures in Annual Returns – GST Audit Series (Part 6)

December 22, 2022 11448 Views 0 comment Print

Table 14 includes differential tax on account of 10 and 11 above. However, there could be a scenario wherein there is a need to reverse the wrongly availed credit in table 12. Since, the annual return provides for payment of taxes, in table 14, liability from table 12 can also be considered in view of the authors.

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