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Archive: February, 2023

Posts in February, 2023

Statutory provisions of interest on refund cannot be altered via issue of CBDT circular

February 16, 2023 1686 Views 0 comment Print

ITAT Pune held that the statutory provisions of interest on refund (section 244A of the Act) cannot be altered by issue of circular by CBDT to the extent they are beneficial to the taxpayer.

Sale of software not taxable in terms of India-Ireland DTAA

February 16, 2023 1128 Views 0 comment Print

ITAT Kolkata held that sale of software is transfer of ‘copyrighted article’ and not transfer of any ‘copyright’ and hence cannot be characterized as ‘Royalty’. Hence, the same is not taxable in terms of India-Ireland DTAA.

Committed & obligated payment are reimbursement of expenses & not fee for technical service

February 16, 2023 1023 Views 0 comment Print

ITAT Delhi held that the social security, insurance, relocation expenses which are in the nature of committed and obligated payments are in the nature of reimbursements and not fee for technical services.

Repayment of debt which is taken as part of receipt is application of income

February 16, 2023 11520 Views 0 comment Print

ITAT Delhi held that when debt is taken as part of receipts by the charitable trust, repayment of such debt would be accepted as application of income.

Analysis of Section 448 Punishment for False Statement under Companies Act 2013

February 16, 2023 12666 Views 2 comments Print

False statements made knowingly and willfully have a criminal offence under Section 448 of the Companies Act, 2013. Learn more about the punishment in this analysis.

Certification of MSME

February 16, 2023 3642 Views 0 comment Print

Learn about MSME, the Micro, Small and Medium Enterprises, and its certification requirements and acceptance day in this blog post

Labour Registration – Meaning, Purpose and benefits

February 16, 2023 13377 Views 0 comment Print

Labour registration is the process of formalising ones workforce entry and getting access to rights, benefits & protections. Understand Meaning, Purpose & Benefits of Labour Registration here

Assessee allowed to file an appeal after delay of a negligible period

February 16, 2023 3543 Views 0 comment Print

HC allow assessee to file appeal where there is delay of a negligible period by extending stipulated time under Section 107 of CGST Act 2017

Notice issued to non-existent company after its amalgamation is not valid under Income Tax

February 16, 2023 3801 Views 0 comment Print

HC set aside Section 148 notice, order of assessment and consequential demand and penalty notice, as same was issued in the name of a non-existent company, on account of its amalgamation.

Writ petition filed before passing of final order is premature & not maintainable

February 16, 2023 1611 Views 0 comment Print

HC held that writ petition challenging SCN for reversal of ITC even before passing of final order is premature & cannot be entertained.

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