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Archive: January, 2023

Posts in January, 2023

Transfer of assets and liabilities in group amounts to slump sale

January 4, 2023 5616 Views 0 comment Print

ITAT Bangalore held that where the assets and liabilities of an undertaking are sold as a group or lumped together such a sale would qualify as a slump sale Accordingly capital gain on the same should be computed as section 45 to 50 of the Income Tax Act.

A Guide to Reducing Your Personal Income Tax for Salaried person in India A.Y. 2023-24

January 4, 2023 14088 Views 1 comment Print

The Indian Income Tax Act, 1961 is the primary legislation governing taxation in India. It provides for all aspects of taxation, from levy and assessment to collection and recovery of taxes. Every financial year, changes in the Income Tax Act are notified and implemented by the government, for the purpose of making the tax system more efficient and equitable.

Demand under Pan Masala Packing Machines Rules unsustainable as number of machines remained same after replacement

January 4, 2023 1527 Views 0 comment Print

CESTAT Mumbai held that demand under the provisions of Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 unsustainable as number of installed machines before and after replacement of machines remained same.

Customs broker cannot be held liable for undervaluation of exported goods

January 4, 2023 1302 Views 0 comment Print

CESTAT, Chennai, ruled that customs brokers cannot be held liable for the undervaluation of goods. The court held that the valuation of goods is determined by the contract between the exporter and importer, and customs brokers do not have any influence in this matter.

Foreign Tax Credit

January 4, 2023 4401 Views 0 comment Print

Do you know, there are two principles to tax income. One is Residence Based Taxation and other is Source Based Taxation. As per Residence based Taxation, the country taxes persons based on their residential status.

HC directs investigating officer to issue advance notice of 72 hours to effect arrest after investigation

January 4, 2023 2418 Views 0 comment Print

HC directed the investigating officer to issue advance notice of 72 hours to the assessee to effect the arrest if necessary, after investigation in a case. Further directed the assessee to co-operate in the matter and produce the materials as sought.

Writ petition not maintainable as alternative efficacious remedy by way of appeal before Appellate Authority was available

January 4, 2023 768 Views 0 comment Print

Mundkar Madhavaraya Prabhu Vs State of Karnataka (Karnataka High Court) Though several contentions have been urged by both sides in support of their respective claims, having regard to the availability of equally efficacious and alternative remedy by way of appeal before the First Appellate Authority, without expressing any opinion on the merits / demerits of […]

Exemption notification has to be read as a whole & benefit not eligible if condition not fulfilled 

January 4, 2023 2802 Views 0 comment Print

Godrej Consumer Products Limited Vs Union of India (Jammu & Kashmir High Court) In the present case, impugned Notifications are lucid and eloquent and need not be interpreted or construed in the way and manner the petitioner intends and chooses to and as a result whereof, writ petition qua impugned Notifications is liable to be […]

Corporate legal Due Diligence – Approach and Checklist

January 4, 2023 22971 Views 0 comment Print

Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.

Practical Steps to Change the Name of a Private Company

January 4, 2023 1074 Views 0 comment Print

Practical steps to change the name of a private company: From calling board meetings, reserving the proposed name with MCA, passing resolutions, holding EGM, to filing necessary e-forms. Learn the process, documentation, and timelines for a seamless transition.

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