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Archive: March, 2023

Posts in March, 2023

Non-reflection of Cenvat Credit in ST-3 return not a ground to deny refund of unutilized credit

March 27, 2023 4356 Views 0 comment Print

CESTAT Mumbai held that non-reflection of Cenvat Credit in ST-3 return cannot be ground to deny refund of unutilized cenvat credit.

Interest paid on borrowing for carrying out business of investing in shares is allowable expenditure

March 27, 2023 8250 Views 0 comment Print

ITAT Bangalore held that business of the assessee is to invest in shares and that the borrowing was for the purpose of business. Accordingly, interest paid on such borrowing is allowable under section 36(1)(iii) of the Income Tax Act.

Enhancement of value only on the basis of NIDB data unacceptable

March 27, 2023 1668 Views 0 comment Print

CESTAT Ahmedabad held that enhancement of value merely on the basis of NIDB (National Import Database) data without any other independent evidence is not acceptable.

Lower of unabsorbed depreciation and business loss allowed as set off against current book profit

March 27, 2023 9612 Views 0 comment Print

ITAT Delhi held that lower of unabsorbed depreciation and business loss deserved to be set off against the current year books profit in terms of provisions of clause (iii) of Explanation-1 to Section 115JB (2) of the Income Tax Act.

Payment of IUC Charges is not “Fee for Technical Services” or “Royalty”

March 27, 2023 1173 Views 0 comment Print

ITAT Delhi held that payment of IUC Charges is not Fee for Technical Services or Royalty within the meaning of its definition as per section 9(l)(vi) and 9(l)(vii) of the Act. Accordingly, disallowance u/s 40(a)(ia) on account of non-deduction of TDS unjustified.

Arm’s length interest rate computable based on market determined rate applicable to currency in which loan is repayable

March 27, 2023 1077 Views 0 comment Print

ITAT Ahmedabad held that arms length interest rate for loan advanced to foreign subsidiary by Indian company should be computed based on market determined interest rate applicable to currency in which loan has to be repaid.

Authorized signatory of cheque, not being drawer, cannot be directed to pay interim compensation

March 27, 2023 10872 Views 0 comment Print

Lyka Labs Limited Vs State of Maharashtra (Bombay High Court) Bombay High Court held that the signatory of the cheque, authorized by the “Company”, is not the drawer in terms of section 143A of the Negotiable Instruments Act and cannot be directed to pay interim compensation under section 143A. Facts- The issue involves that whether […]

Amount duly payable to liquidator as assets proved to be fictitious/ fraudulent

March 27, 2023 768 Views 0 comment Print

NCLAT Chennai held that as assets proved to be fictitious/ fraudulent and seems to have been created in books of accounts with an intent to defraud the creditors. Accordingly, amount duly payable to liquidator for distribution under section 53 of I&B Code, 2016.

Exercise of revisionary jurisdiction u/s 263 by PCIT for substituting his opinion is untenable

March 27, 2023 762 Views 0 comment Print

ITAT Bangalore held that revisionary jurisdiction under section 263 of the Income Tax Act could not be allowed to be exercised by the PCIT either for substituting his own opinion for that of the AO or for making a fishing and roving enquiry.

Fuel is an integral component of motor vehicle hire services and attracts GST.

March 27, 2023 3015 Views 0 comment Print

GST applicable on entire bill, including monthly rental, night charges, and fuel on mileage basis, for motor vehicle hire services where service provider is responsible for arranging fuel and maintenance.

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