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Archive: 28 April 2023

Posts in 28 April 2023

EPS 95 – Rectification / Deletion of Online Application Submitted For Higher Pension

April 28, 2023 42063 Views 7 comments Print

1. The last date to apply for a higher pension from the Employees’ Pension Scheme (EPS) is fast approaching. An eligible employee can apply for a higher EPS pension till May 3, 2023. 2. The EPFO vide circular dated 23.04.2023 clarified that in cases where the submitted information is not complete or seems erroneous or […]

Reassessment beyond four years is invalid if no failure to disclosure by Assessee during original assessment

April 28, 2023 1635 Views 0 comment Print

S. Ramamirtham Vs ITO (ITAT Chennai) It is an admitted fact that the original assessment has been completed u/s. 143(3) of the Act on 20.03.2014. It is also an admitted fact that notice u/s. 148 of the Act dated 13.09.2017 is beyond four years from the end of the relevant assessment year. Thus, proviso to […]

Replacement of old tube light with LED lights cannot be treated as capital expenditure

April 28, 2023 5142 Views 0 comment Print

Ashok Kumar Jain Vs ITO (ITAT Delhi) ITAT observed that the assessee has replaced old bulbs/tube lights with new LED lights. Some other expenditure was incurred for regular repair and replacement. Thus, from the nature of expenditure incurred, it is evident that they are in the nature of consumables and not for acquiring any assets […]

Appeal can be filed against Excise Superintendent letter denying benefit 

April 28, 2023 786 Views 0 comment Print

Letter written by Central Excise Superintendent is a decision against which appeal lies before Commissioner (Appeals) under Section 35

Before 01.04.2021 Section 12AA registration once granted is valid till withdrawn by a specific order

April 28, 2023 1341 Views 0 comment Print

Dolphin Educational Foundation Vs Income Tax Officer (ITAT Chennai) As per provisions of section 12AA of the Act, once a trust is registered u/s. 12AA, it is permanent unless it was withdrawn by a specific order from the authority. However, the law has been amended by the Finance Act, 2020 w.e.f. 01.04.2021 and as per […]

RBI amends Master Direction (MD) on KYC

April 28, 2023 24570 Views 0 comment Print

It has been decided to amend the MD on KYC to (a) align the instructions with the recent amendments carried out in the Prevention of Money Laundering (Maintenance of Records) Rules, 2005, (b) incorporate instructions in terms of the Government Order dated January 30, 2023,

No section 14A disallowance based on assumption of tax-free income in future

April 28, 2023 1821 Views 0 comment Print

If there is no tax-free income, then no section 14A disallowance is to be made based on assumption that in future, some tax-free income will result to assessee on investment. 

Appeal Filed by revenue after IBC Moratorium Period is not Maintainable

April 28, 2023 1173 Views 0 comment Print

NCLT ordered liquidation of respondent company under IBC and claim of Department been rejected. So appeal filed by Revenue after moratorium period is not maintainable

Subscription Fee Received by American Chemical Society cannot be Treated as Royalty

April 28, 2023 1101 Views 0 comment Print

Subscription revenue received by assessee in Chemical Extract Service and Publication division does not qualify as ‘Royalty’ in terms of section 9(1)(vi) of the Act & Article–12(3) of India–USA DTAA.

Suo motu availment of Cenvat Credit reversed during Litigation: CESTAT Remands Matter back to adjudicating authority

April 28, 2023 741 Views 0 comment Print

Short issue involved in the present case for determination is as to whether appellant could suo motu take credit reversed during litigation

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