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Archive: 23 February 2023

Posts in 23 February 2023

Disciplinary proceedings against VAT officer merely based on suspicion is unjustified

February 23, 2023 1149 Views 0 comment Print

Allahabad High Court held that the disciplinary proceedings against an officer VAT Commissioner cannot take place on information which is vague and indefinite and suspicion has no role to play in such matters when the department has taken a conscious decision not to challenge the order passed by the appellant and has allowed the same to attain finality.

No tax on distribution revenue received as ‘Royalty’ if same already offered as income under MAP

February 23, 2023 618 Views 0 comment Print

Distribution revenue earned by assessee had already offered income as business income in terms of the Mutual Agreement Procedure (MAP) holding that 10% of the advertising and subscription revenue received from India should be deemed to be the net profit chargeable to tax in India, therefore, the additions made by AO were deleted.

No excise duty chargeable on scrap of pipes generated during repair/ maintenance of pipes

February 23, 2023 540 Views 0 comment Print

CESTAT Delhi held that pipes, used in manufacture- production of oil needs repair- replacement, are capital goods. Hence, no excise duty can be charged on the scrap of the pipes produced- generated during the repair or maintenance of the pipes.

Denial of credit of TDS which duly pertains to assessee not permissible

February 23, 2023 4317 Views 0 comment Print

ITAT Mumbai held that the Department cannot swallow tax paid by the assessee and deny credit of tax deducted, which pertains to the assessee. AO cannot simply decline the credit of TDS. AO directed to allow the TDS credit after due verification.

Tax Deduction and Documentation for Salary – AY 2023-24

February 23, 2023 66117 Views 0 comment Print

Maximize Tax Savings AY 2023-24: Essential Documentation for Salary Deductions – A concise guide to documents required for claiming deductions.

GST on renting of residential premises used as guest house of registered person

February 23, 2023 23706 Views 1 comment Print

In re Indian Metals and Ferro Alloys Limited (GST AAR Odisha) Q. Whether Service Received by a registered person by way of renting of residential premises used as guest house of the registered person is subject to GST under Forward Charge Mechanism (FCM) or Reverse Charge Mechanism. Ans:- Now, evaluating the question with reference to […]

Taxation of Black Money under Income Tax Act, 1961

February 23, 2023 10494 Views 0 comment Print

Understanding Taxation of Black Money: Income Tax Act 1961 provisions on undisclosed foreign income/assets, tax rates, FMV calculations, and penalties.

Tax Aspects of a Slump Sale

February 23, 2023 14841 Views 0 comment Print

Explore key tax implications of a slump sale under Section 50B, Income Tax Act 1961: Capital gains, net book value determination, and more. Essential guide for businesses.

How NRI can save TDS on selling immovable property in India

February 23, 2023 6288 Views 0 comment Print

As an NRI, if you are selling a property located in India, you would have faced an assertion from the buyer that they shall deduct from your sale proceeds, a tax equal to 20% + surcharge + education cess of the entire sales consideration.

Section 43B: Payments made to Micro and Small Enterprises

February 23, 2023 5307 Views 5 comments Print

Section 43B of the Income Tax Act amended: Deductions for payments to micro and small enterprises only if made within MSMED Act’s time limits.

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