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Archive: 25 January 2023

Posts in 25 January 2023

CBDT notifies California Public Employees Retirement System – Section 10(23FE)

January 25, 2023 606 Views 0 comment Print

CBDT notifies CBDT notifies California Public Employees Retirement System as pension fund under sub-clause (iv) of clause (c) of the Explanation 1 to clause (23FE) of section 10 of Income-tax Act, 1961 vide Notification No. 02/2023 – Income Tax Dated: 25th January, 2023. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) New Delhi Notification […]

Capital loss on sale of STT paid shares/mutual fund cannot be set off against LTCG on sale of land

January 25, 2023 2712 Views 0 comment Print

ITAT Mumbai held that long term capital loss arising out of the sale of shares and units of mutual funds on which STT was paid and covered under section 10(38) could not be set off against long-term capital gain arising out of the sale of land as per section 70(3) of the Act.

TDS u/s 194C is applicable in case of Common Area Maintenance charges

January 25, 2023 2139 Views 0 comment Print

ITAT Delhi held that as payment of rent and common area maintenance charges is made to distinct entities/ companies, TDS @10% u/s 194-I is deductible in case of payment of rent and TDS @2% u/s 194C is deductible in case of payment of Common Area Maintenance charges.

Addition u/s 68 unsustainable as identity, genuineness and creditworthiness of parties proved

January 25, 2023 1596 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 for investment in joint venture unsustainable as assessee has duly discharged the onus and given all the necessary documents for the identity, genuineness and creditworthiness of the parties.

Assessee can raise additional claims before appellate authority

January 25, 2023 2976 Views 0 comment Print

ITAT Mumbai held that assessee is entitled to raise the additional legal submissions and also additional claims before the appellate authorities. Accordingly, appellate authorities have jurisdiction to entertain the new claim.

Draft Certificates For ITC Confirmation For FY 17-18 & 18-19

January 25, 2023 161307 Views 1 comment Print

Get clarity on Input Tax Credit (ITC) mismatch for FY 2017-18 & 2018-19 with Circular No. 183/15/2022-GST. Explore draft certificates for ITC confirmation, designed for both CA/CMA and vendors. Stay compliant and resolve discrepancies with the provided templates.

Calcutta HC on appointment & responsibility of additional director

January 25, 2023 2886 Views 0 comment Print

Surendra Kumar Singhi Vs Registrar of Companies, West Bengal & Anr (Calcutta High Court) Sub- What is the criteria for determining whether the director is an additional director or independent director? Also whether an additional director is liable for prosecution regarding the non reporting of fullest information and explanation in the Board’s report on comments […]

Surcharge on Income Tax

January 25, 2023 45921 Views 5 comments Print

Dive into the world of Surcharge on Income Tax—an additional charge levied on tax. Explore current effective surcharge rates for various entities, understand marginal relief, and find answers to FAQs. Stay informed about income tax regulations and ensure compliance.

GST officers have no power to seize cash during search operations

January 25, 2023 5886 Views 0 comment Print

HC held that, seizure under Section 67 of CGST Act is limited to goods liable for confiscation or any documents, books or things which may be useful for or relevant to any proceedings and ‘cash’ does not fall within definition of ‘goods’

GST: Detention: Quashing of SCN at Initial Stage by HC – Declared as Pre-Mature by SC

January 25, 2023 2280 Views 0 comment Print

It is held that HC has erred in entertaining the writ petition against the SCN and quashing of notice is pre-mature and the merits of the case have to be considered by the original authority in an appropriate proceeding.

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