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Archive: 15 February 2023

Posts in 15 February 2023

How to file an income tax return for LLP?

February 15, 2023 10572 Views 0 comment Print

Partners of an LLP can learn how to file their income tax return under Section 139(1) of the Income Tax Act of 1961 with this guide. ITR 5 is the applicable form for filing an LLP income tax return.

Expense for computer software & its upgradation is revenue in nature

February 15, 2023 1704 Views 0 comment Print

DCIT Vs Yazdani International Pvt Ltd (ITAT Cuttack) ITAT Cuttack that expenditure towards various computer software and stationary and the expenditure towards upgradation of software for filing of return before the ROC and website design is revenue in nature and hence allowable. Facts- The revenue has challenged the action of CIT(A) in deleting the addition […]

Grants used as per terms & condition for particular event held abroad doesn’t require CBDT approval

February 15, 2023 654 Views 0 comment Print

ITAT Delhi concluded that grants were given specifically for participation in a particular event held in abroad grant was utilized as per terms and conditions and it was not free for the assessee to use the funds voluntarily. Accordingly approval of CBDT under sections 11(1)(c) of the Act not required.

Difference between NGO and Section 8 company

February 15, 2023 8004 Views 0 comment Print

Discover the fundamental differences between NGO and Section 8 companies, and explore both legal structures to better understand the implications for each.

Batsman given out on a No Ball

February 15, 2023 1560 Views 0 comment Print

The Author in this article discusses a decision of tribunal (ITAT) regarding taxation of amount paid by companies for broadcasting Cricket World cup matches during FY 2001-02 and 2002-03 held outside India in the hands of a non-resident. The bench has decided that the amount is taxable as royalty in India.

Goods reached at destination in-time but goods unloaded after expiry of E-Way Bill

February 15, 2023 3645 Views 0 comment Print

State of Karnataka Vs Hemanth Motors (Karnataka High Court) Learned AGA appearing for the appellant has vehemently argued and contended that unloading was not done until 5.00 p.m. on the next day and therefore, the goods cannot be transported without seeking extension of validity period of E-way bill. The learned AGA would further contend that […]

HC set-aside service tax demand as non-speaking order was passed without considering exemption clauses

February 15, 2023 1464 Views 0 comment Print

Shri Keshab Purkayastha Vs  Union of India (Tripura High Court) The impugned order dated 16.11.2022 passed by the respondent No.3, apart from being illegal, arbitrary and without jurisdiction, is apparently perverse and fraught with patent illegality since it was conclusively decided by the respondent No.2 after consulting the relevant laws that the services rendered by […]

HC allows manual application for Claim for Refund of Eligible excess ITC

February 15, 2023 1290 Views 0 comment Print

Tvl. Ramana Textiles Private Limited Vs Commissioner of State GST and Commercial Taxes (Madras High Court) The present Writ Petition has been filed seeking for a writ of Mandamus to direct the respondents to refund the eligible excess ITC amount for the month of January to March 2018, based on the petitioner’s application dated 13.02.2019 […]

Section 272A(1)(d) penalty not leviable if AO not acted on adjournment request of assessee

February 15, 2023 7041 Views 0 comment Print

No prejudice was caused to the Assessing Officer on account of non-complying with the notice u/s 142(1) issued on 05.09.2019 and inaction of the Assessing Officer on the adjournment petition moved by the assessee would also enable the appellant to believe that the time to comply with the extension of time as prayed was granted.

Unexplained Difference in amount specified in Form 26AS & returns – ITAT upheld addition

February 15, 2023 993 Views 0 comment Print

Assessee failed to establish difference amount specified in Form 26AS and returns despite several opportunities – ITAT upheld addition

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