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Archive: December, 2022

Posts in December, 2022

Demand to be calculated on cum-duty basis if excise duty not collected bonafidely

December 15, 2022 3375 Views 0 comment Print

CESTAT Delhi held that as the appellant bonafidely, in view of their claim of Area based exemption, didn’t collected central excise duty, they are entitled to benefit of recalculation of demand on cum-duty basis as per explanation to section 4(1)(b) of Central Excise Act.

Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 4677 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

Petition before High Court maintainable during pendency of formation of GST Appellate Tribunal

December 15, 2022 2475 Views 0 comment Print

Manappuram Finance Ltd. Vs Assistant Commissioner (Kerala High Court) Kerala High Court held that as the GST Appellate Tribunal is yet to be constituted, the petitioner entitled to exercise jurisdiction of the High Court under Article 226 of the Constitution of India. Facts- The petitioner is a non-banking finance company and is an assessee under […]

History of Transfer Pricing

December 15, 2022 8644 Views 3 comments Print

The Income-tax Act was introduced in 1961 adopting the erstwhile Act of 1922 wherein the laws on taxation of MNEs became significantly important soon after the globalization of the Indian Economy. India has never become part of the OECD; however, UN Model has already adopted the OECD Model of Transfer Pricing back in the 1980s.

How Companies can comply with requirements of Payment of Gratuity Act 1972

December 15, 2022 25362 Views 3 comments Print

Discover how Indian and Multinational Companies can seamlessly comply with the Payment of Gratuity Act, 1972, and Companies Act, 2013. From legal obligations to accounting standards, this guide navigates through the complexities, ensuring awareness for CA, CS, CMA, Auditors, HR, and Directors.

Change In Name Clause of Company under Companies Act, 2013

December 15, 2022 9996 Views 0 comment Print

Navigate the intricacies of changing your companys name under the Companies Act, 2013. Explore the process, legal considerations, and essential steps involved in altering the Memorandum of Association. Learn about name approval, board resolutions, and compliance with Section 4(2) and Section 4(3). Ensure a smooth transition with our comprehensive guide.

Input Tax Credit (‘ITC’) on Corporate Social Responsibility (‘CSR’) expenses

December 15, 2022 4002 Views 0 comment Print

Understand the eligibility of Input Tax Credit (ITC) on Corporate Social Responsibility (CSR) expenses in GST. Explore the background of CSR expenses, analysis of provisions in the Income Tax Act and GST Act, and evaluate the criteria for claiming ITC. Get insights into the complexities and restrictions to ensure compliance with the Companies Act, 2013, and GST Act, 2017.

Eligible ITC, Apportioned ITC & Blocked ITC under GST Act in India

December 15, 2022 4977 Views 0 comment Print

Unlock the complexities of Input Tax Credit (ITC) under the GST Act in India. From eligible ITC and its criteria to apportioned ITC and blocked ITC, grasp the nuances and essential conditions. Get insights on various categories, documents, and mandatory particulars for claiming ITC. Stay compliant and informed with this comprehensive guide.

Non-mentioning of DIN will invalidate revision order for violation of procedure as per CBDT’s Circular

December 15, 2022 1521 Views 0 comment Print

ITAT held that non- mentioning of Document Identification Number (DIN) as per instruction of CBDT in Circular No.19/2019 dated 14.08.2019 invalidates revision order for violation of procedure.

Payment received from Freight/Logistic Support Service cannot be treated as Royalty

December 15, 2022 1602 Views 0 comment Print

ITAT held that payment received in India for providing logistics support services cannot be treated as royalty under Section 9(1)(vi) or fees for technical services under section 9(1)(vii) of Income Tax Act, 1961

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