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Archive: 10 February 2023

Posts in 10 February 2023

Non-resident income not taxable simply by mentioning of status as resident in the return

February 10, 2023 1077 Views 0 comment Print

ITAT Mumbai held that income of non-resident not taxable in India merely because the status of the assessee was wrongly mentioned as resident in the original return of income.

Claim of extra payment unsustainable in absence of any documentary evidence

February 10, 2023 447 Views 0 comment Print

CESTAT Mumbai held that claim of extra payment of tax without any documentary evidence (except arithmetical calculation) is not adjustable and unsustainable in law.

Penalty u/s. 271C not imposable on a non-taxable entity

February 10, 2023 561 Views 0 comment Print

ITAT Dehradun held that Uttarakhand Environment Protection and Pollution Control Board (UEPPCB) is a corporation which has been constituted under a Central Act, no tax was deductible. Accordingly, penalty u/s 271C of the Income Tax Act cannot be levied on a non-taxable entity.

Addition u/s 69 unsustainable as investment is out of NRI Repatriation funds

February 10, 2023 2757 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 69 of the Income Tax Act as unexplained investment unsustainable as the investment is out of the NRI Repatriation funds came outside India and which is not taxable in India.

Addition u/s 69B based on document not containing name of assessee is unsustainable

February 10, 2023 1554 Views 0 comment Print

ITAT Bangalore held that addition under section 69B of the Income Tax Act for unexplained investment solely on the basis of the document that didn’t contained name of the assessee is unsustainable as the same is outside the purview of definition of section 153C(1)(a) & (b).

Charging of late TDS statement filing fees prior to 01.06.2015 is untenable

February 10, 2023 1545 Views 0 comment Print

ITAT Raipur held that charging of late fees of delay in filing of TDS statement under section 234E of the Income Tax Act is effective only from 01.06.2015. Charging the same for period prior to 01.06.2015 is untenable in law.

Schedule III of the Companies Act, 2013

February 10, 2023 226710 Views 0 comment Print

Explore the intricacies of Schedule III of the Companies Act, 2013. Understand its divisions, applicability, and key aspects for preparing ‘Balance Sheet, ‘Statement of Profit and Loss, and ‘notes. Get insights into divisions for different types of companies and FAQs for a comprehensive understanding.

Is it joint responsibility of flat buyer & builder to obtain completion certificate?

February 10, 2023 2319 Views 0 comment Print

Is it the joint responsibility of the flat buyer and the builder to obtain the completion certificate from Kolkata Municipal Corporation and is buyer at fault if he moves in the flat without the CC and connected issues

IGST refund claim cannot be withheld when ITC towards purchase from risky supplier had already been reversed

February 10, 2023 2514 Views 0 comment Print

Choksi Exports Vs Union of India (Gujarat High Court) – IGST refund claim cannot be withheld when ITC towards purchase from risky supplier already been reversed

Form INC-20A Declaration for Commencement of Business on MCA v3 Portal

February 10, 2023 29118 Views 3 comments Print

Learn the simplified procedure for filing Form INC-20A, Declaration for Commencement of Business, on the MCA v3 Portal. Understand the process, purpose, restrictions, defaults, and the power of the Registrar in case of failure. Ensure compliance with expert guidance.

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