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Archive: 17 April 2023

Posts in 17 April 2023

Penalty u/s 114AA not imposable as goods were found as per declaration in Bill of Entry

April 17, 2023 1341 Views 0 comment Print

CESTAT Delhi held that penalty under section 114AA of the Customs Act, 1962 is not imposable as the only declaration made by the respondent is the Bill of Entry and the goods were found as per the declaration in the Bill of Entry.

Company not liable to pay Service tax under RCM on rent paid to Directors in their Individual Capacity

April 17, 2023 1920 Views 0 comment Print

Directors are providing service of renting of immovable property not as Directors of appellant, whereas they are providing the said service in their individual capacity as owners of premises

Penalty Imposed by MCA for Failure to File Declaration of Commencement of Business

April 17, 2023 531 Views 0 comment Print

Penalty imposed by MCA on B&M PROPMART PRIVATE LIMITED for violating Section 10A of Companies Act, 2013 i.e. for Failure to File Declaration of Commencement of Business

ICAI CPE Hours requirements Calendar year wise from year 2023

April 17, 2023 1242 Views 0 comment Print

Continuing Professional Education Committee The Institute of Chartered Accountants of India 12th April, 2023 Granting of 4 Structured CPE hours in online mode through Digital Learning Hub and compliance of CPE Hours requirements Calendar year wise from calendar year 2023 onwards. Dear Members, Kind attention of the members is drawn towards the following decisions of […]

Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax

April 17, 2023 8193 Views 0 comment Print

DCIT Vs British Agro Products (India) Pvt. Ltd. (ITAT Chennai) Mushrooms grown under controlled conditions constitutes ‘Agricultural Activity’, exemption from tax : – [DCIT v. British Agro Products (India) Pvt. Ltd. (05.04.2023) ITAT Chennai Chennai ITAT dismisses Revenue’s appeal, holds that cultivation and sale of white button mushrooms is an ‘agricultural activity’ and income derived […]

Section 194H: TDS on Commission & Brokerage – Case Laws & key features

April 17, 2023 4014 Views 1 comment Print

Explore Section 194H of the Income Tax Act, covering TDS on commission and brokerage payments. Understand key features, tax rates, threshold limits, and obligations of deductors. Delve into relevant case laws for comprehensive insights into the application of Section 194H.

Time barred Excise Appeal not maintainable

April 17, 2023 843 Views 0 comment Print

LGW Limited Vs Commissioner of CGST & Excise (CESTAT Kolkata) It is undisputed by the appellants that they have filed the appeals before the Ld. Commissioner (Appeals) against the Order-in-Original beyond six months time limit prescribed under Section 85 (3) of Finance Act, 1994 as observed by the Ld. Commissioner (Appeals) herein above. 6. In […]

Reassessment Notice should specify reasons for escapement of income

April 17, 2023 624 Views 0 comment Print

RK Gupta And Son HUF Vs ITO (Delhi High Court) HC held that notice dated 19.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 shows, that a survey report was generated vis-à-vis Varun Capital Services Ltd. The said communication also alludes to the fact that assessee had entered into share transaction with Kisna […]

Territorial location cannot decide admissibility of CENVAT Credit

April 17, 2023 210 Views 0 comment Print

CESTAT held that territorial location cannot decide admissibility of CENVAT Credit under Rule 2(l) of CENVAT Credit Rules, 2004.

CENVAT eligible on Architect Service, Telephone Expenses for Hotel Construction

April 17, 2023 231 Views 0 comment Print

Architect service, telephone expenses were input services and therefore Service Tax paid on said services is eligible as CENVAT Credit

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