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Archive: January, 2023

Posts in January, 2023

GST on Works contract service to Bio Centers, Department of Horticulture & Center of excellence

January 23, 2023 1320 Views 0 comment Print

Works contract service provided to Bio Centers, Department of Horticulture and Center of excellence are not exempted from GST. Providing Manpower service like data entry operator, security to Horticulture Department is exigible to GST at 18% (CGST @ 9% and KGST@9%).

Transfer of Leasehold Right not warrant invoking of section 50C(1)

January 23, 2023 975 Views 0 comment Print

Shri Narendra Shantikumar Firodia Vs DCIT (ITAT Pune) Phraseology in section 50C(1) of the Act only covers exclusively land or building or both and does not refer to any right in land or building. Thus, the expression land or building in its coverage is quite distinct from the expression any right in land or building. […]

India and UAE DTAA not contain any article concerning FTS

January 23, 2023 2793 Views 0 comment Print

WTS Energy Dmcc Vs DCIT (Delhi High Court) Double Tax Avoidance Agreement obtaining between India and UAE does not contain any article concerning FTS. The petitioner, who is a non-resident and does not have a PE in India, claims that the subject income is “business income.”  It is because of these varying stands, that a […]

No section 40(a)(i) disallowance based on amendment with retrospective effect

January 23, 2023 1047 Views 0 comment Print

DCIT Vs Allsec Technologies Ltd (ITAT Chennai) ITAT held that the assessee cannot be expected to deduct TDS on payment made to non-residents on the basis of subsequent amendment to the law with retrospective effect from earlier date, because the assessee cannot foresee the amendment and deduct TDS and hence, we are of the considered […]

VAT on Hiring of Helicopters – Delhi HC to decide

January 23, 2023 1329 Views 0 comment Print

Pawan Hans Limited Vs Commissioner of Trade & Taxes (Delhi High Court) The appellant states that it is in the business of chartering helicopters and has entered into agreements with various State Government and public sector entities for hiring of its helicopters. According to the VAT authorities, the agreements entail transfer of the right to […]

HC dismisses revenue Appeal against CAAR ruling in Amazon case for delay in filing

January 23, 2023 756 Views 0 comment Print

Commissioner of Customs (Import) Vs Amazon Seller Services Pvt Ltd (Delhi High Court) Inordinate delay in the advance ruling attaining finality would frustrate the scheme and the object of providing such advance rulings. Thus, keeping in view the express language of the proviso to Section 28KA of the Customs Act as well as the nature […]

HC allows Govt servant to appear for All India Bar Examination

January 23, 2023 10140 Views 1 comment Print

Delhi High Court grants provisional enrolment to Sandeep, a Delhi Jal Board Senior Assistant, for AIBE-XVII, citing Supreme Court directions. Details of the hearing.

Cenvat Credit not eligible on Rent-a-Cab service if Assessee not in business of renting vehicles

January 23, 2023 2262 Views 0 comment Print

N R Agarwal Industries LTD Vs C.C.E. & S.T. (CESTAT Ahmedabad) Limited issue involved is whether the appellant is eligible for Cenvat credit in respect of Rent-a-Cab service. Both the lower authorities have denied the Cenvat credit on the ground that the said service is excluded for allowing the Cenvat credit as per exclusion Clause […]

ITAT allows Section 54B deduction to HUF on agricultural land purchased in Individual capacity

January 23, 2023 2517 Views 0 comment Print

HUF is owner of the said agricultural land though it is registered in the name of the coparcener, as the HUF is enjoying all the benefits of the said agricultural land.

ITR-U Return: Last Resort for those Who Missed ITR Due Date

January 23, 2023 16539 Views 1 comment Print

Filing ITR-U Return in India: Discover the benefits, process, and additional income tax payable. Learn about the updated return facility introduced in Union Budget 2022 under Section 139(8A) for taxpayers who missed the ITR due date. Understand the conditions, benefits, and calculation of additional tax payable. Stay informed and compliant with the tax laws.

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