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Archive: April, 2023

Posts in April, 2023

Order passed after due application of mind not treatable as erroneous & prejudicial to interest of revenue

April 3, 2023 1368 Views 0 comment Print

ITAT Surat held that issues raised by PCIT in his order u/s 263 are already examined by AO and AO passed the assessment order after calling for all the details and considering the reply/ documents. Accordingly, assessment order passed after due application of mind cannot be termed as erroneous and prejudicial to the interest of the revenue.

Payment by Google India to Google Ireland is not Royalty/ FTS hence TDS not deductible

April 3, 2023 2226 Views 0 comment Print

ITAT Bangalore held that that the payment made by GIPL (Google India Pvt. Ltd.) to GIL (Google Ireland Limited) is not in the nature of Royalty or FTS under the Act. Accordingly, TDS under section 195 of the Income Tax Act not deductible.

Writ not entertained as option to file a statutory appeal to Appellate Tribunal available

April 3, 2023 1782 Views 0 comment Print

Bombay High Court dismissed the present petition as petitioner has the option to file a statutory appeal to the Appellate Tribunal and there is no reason why petitioner cannot avail of the statutory remedy of appeal.

Recovery made without any order quantifying amount of tax payable is without authority of law

April 3, 2023 1917 Views 0 comment Print

Suretex Prophylactics (India) Private Limited Vs Union of India (Karnataka High Court) Karnataka High Court held that as on the date of recovery, there was no order/ adjudication made by the department quantifying the amount of tax/ duty payable by the petitioner. Accordingly, recovery of such amount is without authority of law and liable to […]

When public servant makes demand & bribe giver accepts & pays, it is obtainment u/s 13(1)(d) of P.C. Act

April 3, 2023 9054 Views 0 comment Print

Allahabad High Court held that when public servant himself makes a demand and demand is accepted by bribe giver and bribe is paid by the bribe giver, it is a case of obtainment under Section 13(1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988.

Time limit for issuance of notification imposing anti-dumping duty extended by section 6 of the 2020 Act

April 3, 2023 2205 Views 0 comment Print

CESTAT Delhi held that provisions of section 6 of the Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (the 2020 Act) extends the time limit specified in the Tariff Act for issuance of the notification imposing anti-dumping duty.

Tariff item 8523 don’t offer scope for inclusion of software of any type in residual entry ‘others’

April 3, 2023 2340 Views 0 comment Print

CESTAT Mumbai held that tariff items within heading 8523 don’t offer scope for inclusion of ‘software’ of any type in the residual entry ‘others’ owing to the exhaustive enumeration in description in that heading.

Irregularity in service of order irrelevant when appellant had knowledge of order passed: SC

April 3, 2023 2097 Views 0 comment Print

Supreme Court held that irregularity in manner of effecting the service of order irrelevant when appellants had the knowledge of order passed against them.

IBC: Financial debts from different work order to be clubbed to evaluate minimum threshold limit

April 3, 2023 2967 Views 0 comment Print

NCLT Mumbai while dealing with Company Petition filed u/s. 9 of the Insolvency & Bankruptcy Code, 2016 held that debts arising from different work order(s) can be clubbed to satisfy the minimum threshold limit.

Exemption under 30/2004-CE not available if new conditions under notification not satisfied

April 3, 2023 969 Views 0 comment Print

CESTAT Delhi held that exemption benefit of Central Excise Notification No. 30/2004-CE dated 9.7.2004 not available as new conditions amended vide Notification No. 34/2015-CE dated 17.7.2015 not satisfied.

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