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Archive: 20 March 2023

Posts in 20 March 2023

Appellate authority can remand back the appeal to AAR: AAAR

March 20, 2023 1782 Views 0 comment Print

In re Punjab State Corporation Power Limited (GST AAAR Punjab) The appeal raised a question of the admissibility of Input Tax Credit (ITC), indicating a possible misinterpretation of clauses under subsection (2) of Section 97 of the CGST Act, 2017. The contention lies in whether the application was evaluated under the correct clause, considering the […]

Sale of copyrighted article cannot be treated as royalty under Article 12(3) of India-USA DTAA

March 20, 2023 1512 Views 0 comment Print

ITAT Delhi held that amount received from sale of software (i.e. copyrighted article) cannot be treated as royalty under Article 12(3) of India-USA DTAA.

Provision of SAP and IT support service not covered within FTS is not taxable in India

March 20, 2023 1410 Views 0 comment Print

ITAT Delhi held that amount received by the assessee from providing SAP support services and IT support services is not covered within the purview of Fees for Technical Services (FTS) and hence not taxable in India in absence of permanent establishment.

Arbitration settlement amount received in relation to project office in India is taxable

March 20, 2023 1305 Views 0 comment Print

ITAT Delhi held that the amount of received in the arbitration settlement is related to project office of the assessee company in India. Accordingly, the same is taxable in India.

Section 54F exemption available towards purchase of undivided share of land

March 20, 2023 4659 Views 0 comment Print

ITAT Chennai held that exemption under section 54F of the Income Tax Act duly available towards purchase of undivided share of land.

Current profit not to be included in accumulated profit to determine deemed dividend

March 20, 2023 1023 Views 0 comment Print

ITAT Mumbai held that while determining the amount of deemed dividend under Explanation 2 to Section 2(22)(e) of the Income Tax Act, the current profit is not to be included to be part of accumulated profit.

AO cannot shift burden on assessee to explain recipient of inadvertent receipts shown in 26AS

March 20, 2023 3195 Views 0 comment Print

ITAT Delhi held that AO cannot put the entire burden on the assessee to show in whose hands the inadvertent receipts shown in Form 26AS has been declared. Assessee is not responsible to explain the recipients of such inadvertent receipts shown in Form No. 26AS.

No Restriction for GST Registration For Professional on Residential Address

March 20, 2023 25431 Views 0 comment Print

CGST Act does not restrict GST registration of Management consultants, Architects and other professionals operating from residential premises

Benefit of deduction u/s 80IB(10) available on profit on transfer of flat to partners

March 20, 2023 1530 Views 0 comment Print

ITAT Chennai held that profit on transfer of flats to partners is computable in the hands of firm, however, benefit of deduction u/s 80IB(10) of the Income Tax Act duly available even on transfer of flats to the partners by way of MOU.

No profession tax in Maharashtra on monthly Salary upto Rs. 25000 of women

March 20, 2023 67422 Views 0 comment Print

Govt of Maharashtra notifies Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Bill, 2023 to notify changes in Profession Tax Rates w.e.f. 01.04.2023. One of the notable change is that bill exempt the profession tax payable by the women who draw the monthly salary or wages upto rupees twenty-five thousand w.e.f. 01.04.2023. RNI No. […]

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