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Archive: January, 2023

Posts in January, 2023

GST on let out residential property

January 21, 2023 4044 Views 0 comment Print

Unravel the complexities of GST on let-out residential properties. Explore exemptions, changes post the 47th GST Council Meeting, and the impact on registered tenants. CA insights, legal clarifications, and recent amendments bring clarity to GST obligations.

Sales or Return agreement not covered as ‘works contract’ and hence TDS not deductible u/s 194C

January 21, 2023 1329 Views 0 comment Print

ITAT Mumbai held that payment made under the Sales or Return agreement are not in nature of ‘works contract’ but ‘purchase of goods’ and hence not liable to deduct tax at source under section 194C of the Income Tax Act.

Disallowance without verifying the submitted details is unsustainable

January 21, 2023 1404 Views 0 comment Print

ITAT Bangalore held that disallowance merely considering the provisions of section 144C(8) of the Income Tax Act without verification of details furnished by the assessee is unsustainable in law.

Expenditure towards scholarship to a student not associated with company not allowable

January 21, 2023 2736 Views 0 comment Print

ITAT Delhi held that the scholarship to a student who was neither an employee nor associated with the company for any commercial or business purpose doesn’t satisfy the provisions of section 36 and section 37 and hence not allowable as deduction.

Addition merely based on confession during search is unsustainable

January 21, 2023 3219 Views 0 comment Print

ITAT Mumbai held that addition merely on the basis of confession during the course of search operation without supporting evidence is unsustainable in law.

Penalty u/s 271E mandatory due to repayment of loan in cash in excess of Rs. 20,000

January 21, 2023 1752 Views 0 comment Print

ITAT Delhi held that penalty u/s 271E of the Income Tax Act leviable on account of repayment of loan in cash in excess of Rs. 20,000 vis-à-vis failure of assessee to prove that such payment is covered by exceptional circumstances covered under section 269T.

Expenditure towards currency swap contract is allowable as deduction u/s 36(1)(iii)

January 21, 2023 1521 Views 0 comment Print

ITAT Delhi held that transactions relating to currency swap contracts cannot be considered to be in the nature of speculative transaction covered u/s. 43(5) of the Act. Accordingly, the same is allowable as deduction u/s. 36(1)(iii) of the Act.

Method of computation of transaction value of export of goods shall be as per Custom Valuation Rules

January 21, 2023 6528 Views 0 comment Print

In re Shiv Shakti Minechem (CAAR Mumbai) CAAR ruled that valuation of the subject goods namely ‘Laterite’ shall be done in accordance with the provisions of Customs Valuation (Determination of value of export goods) Rules, 2007 read with Customs Act, 1962. Accordingly, in respect of the rulings sought by the applicant on the points as […]

Classification of to be imported Rolls Made of Polyester, Taffeta, Satin Etc.

January 21, 2023 1146 Views 0 comment Print

Applicant proposed to import Rolls made of Polyester, Taffeta, Satin etc. which are available with width ranging from 10 millimetres to 810 millimetres. The applicant submits that ultimate customer of products are companies engaged in manufacturing of readymade garments. The products will be ultimately used for the purpose to capture trademark, wash care instructions and other details like country of manufacturing, size, make etc. on the products for the reference of retail customers.

Classification of projectors designed for use with automatic data processing machine

January 21, 2023 1035 Views 0 comment Print

Classification on import of Data Projector- It is evident that the projectors in question are designed for use with an automatic data processing machine. It also appears that the subject goods has got additional ports which make it capable of being a video projector, classifiable under 85286900.

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