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Archive: 13 February 2023

Posts in 13 February 2023

Penal action cannot be initiated against CPIO for not providing information sought under RTI

February 13, 2023 1908 Views 0 comment Print

Central Information Commission held that CPIO (Center Public Information Officer) can genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided. Accordingly, penal action cannot be initiated against CPIO without any malafide intention for refraining to provide information.

Consideration from sale of agricultural land not taxable under income tax

February 13, 2023 2277 Views 0 comment Print

ITAT Chennai held that the sale proceeds from the sale of agricultural land cannot be treated as business asset proceeds as the revenue records clearly treats the land as agricultural land and agricultural activities were duly carried out on it.

Employees’ Provident Funds (Amendment) Scheme, 2023

February 13, 2023 9510 Views 0 comment Print

Employees’ Provident Funds (Amendment) Scheme, 2023 shall come into force from 13th February, 2023 – Central Board of Trustees shall meet at least twice in each financial year and the Executive Committee and the Regional Committee shall meet at least four times in each financial year

GST & Compensation cess on monthly lease fees of pre-owned Cars

February 13, 2023 8151 Views 0 comment Print

In re Dream Road Technologies Pvt. Ltd (GST AAR Haryana) Q1. Whether GST Rate and HSN applicable to the monthly lease fees received from customers for leasing pre-owned Cars would be determined in accordance with serial no. 17 (viia) of Notification No. 11/2017-Central Tax (Rate) dated 28- 06-2017 read with Notification No. 08/2018-Central Tax (Rate) […]

Economic Analysis on Angle Tax for Startups Post Budget 2023

February 13, 2023 804 Views 0 comment Print

Angel tax is a prime example of how even well-intentioned actions can backfire. The difference between the issue price of unlisted securities and their fair market value (FMV), which must be calculated by a merchant banker using either the book value technique or discounted cash flow method, is taxed under Section 56(2)(viib) of the Tax […]

Refund of excess tax paid vis-à-vis ‘C’ forms granted

February 13, 2023 1275 Views 0 comment Print

Most of my judgements are getting sufficient views. Surely sometimes the analysis may turn out to be not satisfying However addressing the same with a tag that allocation of judgement will be stopped doesnt sound professional

Coaching for competitive exams is taxable service under Finance Act, 1994

February 13, 2023 1626 Views 0 comment Print

CESTAT Hyderabad held that imparting of coaching for competitive examinations such as IIT-JEE, AIEEE etc is a taxable service in terms of Section 65(26) of Finance Act 1994.

Pre-deposit restricted to 15% of tax demand instead of 15% of total amount fixed by AO

February 13, 2023 1830 Views 0 comment Print

Gujarat High Court directed direct pre-deposit amount to be quantified @ 15% of the tax demand raised by the respondent rather than 15% of the total amount fixed by the Assessing Officer.

Writ against State or its instrumentality arising out of contractual obligation is maintainable

February 13, 2023 3498 Views 0 comment Print

Karnataka High Court held that cancellation of contract by State just before delivery of final product is violation of contract and accordingly writ petition under Article 226 of the Constitution of India against a State or its instrumentality for the same is maintainable.

Different treatment in books of accounts cannot deprive claiming of entire expenditure

February 13, 2023 2535 Views 0 comment Print

PCIT Vs Sriram Chita Pvt Ltd (Karnataka High Court) Karnataka High Court held that bid loss claimed by the assessee cannot be disallowed merely because a different treatment was given in the books of accounts. Entries in the books of accounts are not determinative or conclusive and the matter is to be examined on the […]

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