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Archive: December, 2022

Posts in December, 2022

GST liability on Commission Agents/brokers

December 13, 2022 182451 Views 7 comments Print

Unlock insights into GST liability on commission agents/brokers with a comprehensive analysis. Understand the nuanced aspects of intermediary services, including their definition, classification, and tax implications.

Partial relaxation with respect to electronic submission of Form 10F

December 13, 2022 6477 Views 0 comment Print

Partial relaxation with respect to electronic submission of Form 10F by select category of taxpayers in accordance with the DGIT (Systems) Notification No. 3 of 2022.

Property Valuation for Capital Gain Tax

December 13, 2022 35745 Views 5 comments Print

Explore the intricacies of Property Valuation for Capital Gain Tax through a detailed case study. Understand why valuation is essential for various purposes, such as visa applications, bank loans, tax filing, disputes, construction, and more. Delve into the factors and points considered during valuation, including location, property type, and fair market value. Stay informed about the Cost Inflation Index for accurate calculations and gain insights from an experienced Registered Valuer.

TDS not deductible on Roaming Charges under section 194J

December 13, 2022 1719 Views 0 comment Print

Unitech Wireless (Tamilnadu) Private Limited Vs DCIT (ITAT Delhi) ITAT in assessee’s own case has considered identical issue and held that no TDS was to be deducted in case of roaming charges u/s 194J of the Act by holding as under:- “22. To conclude, The primary issue in the appeal was whether the roaming charges […]

25% disallowable on ad-hoc basis cannot be considered as reasonable/rational

December 13, 2022 2286 Views 0 comment Print

ITAT find that if the expenses are proved to be un-genuine on verification, the AO ought to have disallowed the entire expenditure. Accepting 75% of expenditure as allowable and the remaining 25% disallowable on ad-hoc basis cannot be considered as a reasonably rational order.

Disallowance u/s 40A(3) for non-production of bills- ITAT restricts Addition at 10% of such Purchases

December 13, 2022 1812 Views 0 comment Print

Velankanni Constructions Vs ACIT (ITAT Chennai) The assessee being resident firm is stated to be engaged in civil construction. The assessee could not produce bills or voucher for blue metal jelly purchase, brick purchase and sand purchase. The reasons adduced were that the assessee undertook work at remote places and was dependent on local supplies. […]

RCM on Works Contract Service not applicable to corporate assessee

December 13, 2022 2112 Views 0 comment Print

TDK India Private Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) Regarding Works Contract Service, it has been observed in the impugned order that w.e.f 01.07.2012, vide Notification No. 30/2012-ST, the reverse charge mechanism for Works Contract Service was introduced. I find that this Notification is applicable to individual/partnership firm and Hindu Undivided Family […]

ITAT condones delay as judiciary not expected to legalize injustice on technical grounds

December 13, 2022 1323 Views 0 comment Print

It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

Time limit in respect of TDS under Section 201(3) applies to residents only

December 13, 2022 1878 Views 0 comment Print

ACIT (Intl. Taxn) Vs Allscripts (India) Pvt. Ltd. (ITAT Ahmedabad) It is pertinent to note that Section 201(3) specifies the time limit in respect of TDS for residents only. The CIT(A) observed that the order dated 25.03.2019 is beyond four years in light of Hon’ble Delhi High Court decision in case of NHK Japan Broadcasting […]

Provisions of Rule 3(5)(B) of CCR, 2004 not attracted in case of a general provision

December 13, 2022 501 Views 0 comment Print

Jaisawal Neco Industries Ltd Vs Principal Commissioner of Central Tax & Central Excise (CESTAT Delhi) The issue involved in this appeal is whether the provisions of Rule 3(5)(B) of CCR, 2004 are attracted in case of making a general provision in the books of account for slow moving/non moving inventory, without reducing the value of […]

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