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Archive: 24 April 2023

Posts in 24 April 2023

MCA Imposes Rs. 25 Lakh Penalty for Not appointing Company Secretary

April 24, 2023 10965 Views 0 comment Print

ub-section (5) of Section 203 of the Act provides that if any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees.

Additions on the basis of incriminating material obtained during survey is justified

April 24, 2023 1413 Views 0 comment Print

ITAT Allahabad held that additions made based on the incriminating material (being excess stock) found during survey conducted u/s 133A of the Income Tax Act is justifiable.

Customs broker cannot allow its licence to be used by someone else

April 24, 2023 1203 Views 0 comment Print

CESTAT Delhi held that customs broker cannot allow its licence to be used by someone else impersonating it. Accordingly, revocation of customs licence, forfeiture of security deposit and imposition of penalty justified.

CUP is most appropriate method for determining ALP for importing goods for manufacturing segment

April 24, 2023 756 Views 0 comment Print

ITAT Bangalore held that Comparable Uncontrolled Price (CUP) is the most appropriate method for determining the Arm’s Length Price of the assessee for the importing of goods for manufacturing segment.

Expenditure incurred between setting up & commencement of business is duly allowable

April 24, 2023 2133 Views 0 comment Print

ITAT Delhi held that that expenditure incurred between setting up and commencement of business could not have been capitalized and was to be allowed as business expenditure.

Principle of fraud applies on failure to establish why shops were sold at loss to partners

April 24, 2023 828 Views 0 comment Print

ITAT Pune held that as the assessee failed to establish why the shops were sold at loss to the partners and interest persons, principle of fraud squarely gets applicable. Accordingly, disallowance of loss duly justified.

Authority directed to complete proceedings so provisional attachment will have its own fate in wrongful ITC matter

April 24, 2023 693 Views 0 comment Print

Gujarat High Court held that in the case of wrongful availment of input tax credit matter under GST the proceeding for adjudication is commenced as show case notice is issued. Hence, court directed authorities to complete the adjudication proceedings in time-bound manner and completion of the proceedings, provisional attachment will have its own fate.

Companies need to file MSME payment data before 30/04/2023

April 24, 2023 4584 Views 0 comment Print

Every year, all company taxpayers need to file form MSME-1 by a notification dated 2nd November, 2018 but it holds a huge significance this year as the payments would be disallowed by the Income Act authorities if payment is not made within 45 days.

Amendment to Section 43B by Finance Act 2023 & its implication on business

April 24, 2023 32970 Views 3 comments Print

Through Finance Act 2023 a new clause (h) has been added to Sec. 43B of the Income Tax Act and is made applicable from assessment year 2024-25 i.e. Financial year 2023-24. 

Covid-19 is Rewriting the Rules of Corporate Governance

April 24, 2023 1119 Views 0 comment Print

Boards face a complex new reality due to COVID-19. The new environment is characterized by pressures and demands from various interest groups, heightened expectations for social commitment and corporate citizenship, and fundamental uncertainty about the future. These factors complicate board decision-making and challenge the shareholder-centric governance model that has guided boards and corporate leaders for decades.

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