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Archive: January, 2023

Posts in January, 2023

Section 206(1G): TCS on Outward Remittance under LRS

January 30, 2023 36468 Views 1 comment Print

Government always try to combat the situation of tax avoidance and evasion, all TDS and TCS provisions are made part of our Direct Tax Regime with this object. With changed economic Scenario it seems inevitable to introduce new entries and modification in existing provisions.

Non-filing of annual return equals to non-holding of board meeting – ROC imposes Penalty

January 30, 2023 1029 Views 0 comment Print

It is observed that the Company has not filed annual return since incorporation, therefore no record is available regarding the number of board meetings taken place. Hence, it is implied that the Company has not conducted the board meetings. Therefore, it appears that the provision of section 173(1) of the Companies Act, 2013 has been […]

Aadhar Authentication services under section 11A of PMLA Act 2002

January 30, 2023 2076 Views 0 comment Print

Govt permits 39 entities to perform authentication under Aadhaar Act for section 11A of Prevention of Money-laundering Act 2002- PMLA Act 2002

Power of GST officers to seize cash during search operations?

January 29, 2023 7413 Views 1 comment Print

Explore the extent of GST officers power to seize cash during search operations. Delve into legal provisions, recent cases like Arvind Goyal v. Union of India, and Kanishka Matta v. UOI. Understand the nuances of Section 67(2) and Section 2(52) of the CGST Act, and the implications for taxpayers. Stay informed and compliant with the evolving landscape of GST enforcement.

No royalty if payment made by Google India to Google Ireland for purchase of online advertisement space for resale to Indian Advertisers

January 29, 2023 1926 Views 0 comment Print

Purchase of online advertisement space for onward resale to Indian advertisers did not amount to Royalty as unless the non-resident, who was engaged in sale of online advertisement space, had a PE in India, no portion of receipts earned by it from sale of online advertisement space in India could be brought to tax in India as Act read with the relevant DTAA. Thus, assessee was not  in default u/s 201, for not deducting the tax at source, on the payment in question, under the section 195.

Jharkhand HC upheld Conviction of Former Minister under PMLA

January 29, 2023 1911 Views 0 comment Print

Jharkhand High Court upholds conviction and sentencing of Anosh Ekka in a case involving disproportionate assets and money laundering under PMLA.

Section 80P(2)(d) deduction eligible on Interest Income Earned by Co-op Society from Co-op Bank

January 29, 2023 4317 Views 0 comment Print

Bhairabnala Samabay Krishi Unnayan Samity Ltd. Vs ITO (ITAT Chennai) As far as section 80P(4) of the Act, it only provides that provisions of section 80P shall not be applied in relation to any co­operative bank other than agricultural credit society or any agricultural rural bank. In simple words such cooperative Bank cannot claim deduction […]

Treating Advance Amount as Security Deposit – Invocation of extended period of limitation valid

January 29, 2023 2499 Views 0 comment Print

There is no error in the finding recorded by the Commissioner in this regard, as indeed the appellant did try to evade payment of service tax by treating the amount as a security deposit when in fact it was clearly an advance, which fact was very specifically mentioned in the Agreement. The intention to evade payment of service tax by suppression of material facts is writ large.

Subscription revenue from Chemical Extract Service & Publication division not qualify as Royalty

January 29, 2023 1200 Views 0 comment Print

Mumbai ITAT rules in favor of ACS, subscription charges not treated as royalty. Get insights into the decision.

Avoidance Applications Survive CIRP & Can Be Heard After Resolution Plan Approval

January 29, 2023 4002 Views 0 comment Print

CIRP and avoidance applications, are, by their very nature, a separate set of proceedings wherein, the former, being objective in nature, is time bound whereas the latter requires a proper discovery of suspect transactions that are to be avoided by the Adjudicating Authority. The scheme of the IBC reinforces this difference. Accordingly, adjudication of an avoidance application is independent of the resolution of the corporate debtor and can survive CIRP.

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