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Archive: January, 2023

Posts in January, 2023

Income recorded on estimated basis supported with possible evidence is acceptable

January 16, 2023 2196 Views 0 comment Print

ITAT Cochin held that agricultural income recorded on estimated basis needs to accepted as it was supported by all the possible evidence for estimating income. Revenue has not brought anything on record to show the income estimated and the percentage of expense claimed is not correct.

TDS not deductible on salary, bonus, commission or remuneration credited by firm to partners

January 16, 2023 3477 Views 0 comment Print

ITAT Gauhati held that TDS not required to be deduct by the partnership firm on salary, bonus, commission or remuneration given/ credited to the partner of the firm.

Part of manufacturing by outside agency cannot be reason for disallowance of deduction u/s 80IB

January 16, 2023 1269 Views 0 comment Print

ITAT Mumbai held that disallowance of deduction under section 80IB of the Income Tax Act merely because part of manufacturing activities are being done from outside the unit is unsustainable in law.

Assessee not required to establish that debt has become irrecoverable for writing off bad debts

January 16, 2023 2595 Views 0 comment Print

ITAT Bangalore held that it is not necessary for assessee to establish that the debt, in fact has become irrecoverable; it enough if bad debt is written off as irrecoverable in the hooks of accounts of assessee.

Interest on capital accounts of partners to be calculated on actual duration basis

January 16, 2023 20706 Views 0 comment Print

ITAT Allahabad held that the interests on the credit balance in the capital account of the partners of the firms has to be calculated on the actual duration of the credit remains in the capital account and not on opening or closing day of financial year.

Supply already undertaken- Application for advance ruling not maintainable

January 16, 2023 759 Views 0 comment Print

In re Vyom Food Craft Private Limited (GST AAR Rajasthan) As per Section 95 of CGST Act, 2017; this authority shall decide on matters or on questions specified in sub-section (2) of Section 97, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken, by the applicant […]

Supplies already undertaken are out of purview of Advance Ruling

January 16, 2023 1056 Views 0 comment Print

In re SPML Infra Limited (GST AAR Rajasthan) We observe that purpose of Advance ruling is to provide certainty of tax liability in advance in relation to a future activity to be undertaken by the applicant and help the applicant in planning about GST liability on activities well in advance along with proper interpretation and […]

Purchase of distribution rights of film is capital asset hence loss allowable as STCG

January 16, 2023 1512 Views 0 comment Print

ITAT Mumbai held that investment made for purchase of distribution rights of the film is for the purchase of capital asset and hence loss incurred on the same allowable as ‘short term capital loss’.

Time limit stated under Regulation 17(7) of CBLR, 2018 is mandatory in nature

January 16, 2023 1416 Views 0 comment Print

Calcutta High Court held that timeline prescribed under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018 (CBLR, 2018) relating to completion of the proceedings and passing of the final order within 90 days from the date of receipt of inquiry report is mandatory in nature.

Classification & Exemption of Projectors for Automatic Data Processing Machines

January 16, 2023 648 Views 0 comment Print

Read about the classification and exemption of projectors designed for use with automatic data processing machines. Understand the specific heading for classification, the presence of additional features, and eligibility for exemption under Notification No. 24/2005.

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