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Archive: April, 2023

Posts in April, 2023

Assessment order against Deceased despite Knowledge of his death is invalid

April 25, 2023 1962 Views 0 comment Print

AO even after knowing about death of assessee, framed assessment in the name of Deceased which is bad in law and so assessment is annulled

NFRA imposes 10 Lakh Penalty on MACEL’s Auditor & Debar for 10 Years

April 25, 2023 2706 Views 0 comment Print

NFRA’s investigations inter-alia revealed that the MACEL’s Auditor for the FY 2019-20 failed to meet the relevant requirements of the Standards on Auditing (‘SA’ hereafter) in a number of significant aspects and demonstrated a serious lack of competence. The EP failed to exercise professional judgement & skepticism during audit of fraudulent borrowings of Rs. 4,438.37 […]

Penalty u/s 271(1)(c) not leviable as deduction claimed under bonafide belief

April 25, 2023 2319 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable as assessee claimed the deduction u/s. 80P(2)(a)(i) of the Act, with respect to the interest income under a bonafide belief.

Dividend to non-resident shareholder attracting rates u/s 115-O doesn’t have lower rate benefit under DTAA

April 25, 2023 4704 Views 0 comment Print

ITAT Mumbai held that dividend declared, distributed or paid by a domestic company to a non-resident shareholder will attract Additional Income Tax (Tax on Distributed Profits) referred to in Sec.115-O of the Act and not at the rate of tax applicable to the non-resident shareholder(s) as specified in the relevant DTAA.

Distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195

April 25, 2023 1542 Views 0 comment Print

ITAT Bangalore held that distribution fees paid by Google India Private Ltd. (Google India) cannot be treated as DAPE (Dependent Agent Permanent Establishment) of Google Ireland Ltd (Google Ireland). Accordingly, distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195.

Pandemic and The Change In Labour Laws

April 25, 2023 1647 Views 0 comment Print

Explore the impact of the COVID-19 pandemic on Indian labour laws and the crucial changes needed in the post-COVID era. Learn about proposed amendments for flexible working hours, social security schemes, protection for gig workers, health and safety regulations, and more. Understand the recent major labour reforms through the Occupational Safety, Health, and Working Conditions Code, Industrial Relations Code, and Code on Social Security. Stay informed about the evolving landscape of labour laws in India.

TDS not deductible as reimbursement to member companies by PII doesn’t qualify as fee for technical service

April 25, 2023 720 Views 0 comment Print

ITAT Mumbai held that reimbursement of Indian salary and other benefits to the member companies by PII pertaining to all seconded personnel, technical personnel whether posted in India or overseas is not fee for technical services within the ambit of definition of explanation 2 to section 9(1)(vii) of the Act. Hence, TDS not deductible.

Latest Professional Tax Amendments in Maharashtra

April 25, 2023 18594 Views 1 comment Print

Who is liable to pay Professional Tax in Maharashtra? Any individual or entity engaged in a profession, trade, calling or employment within the state of Maharashtra is required to pay professional tax. This includes not only individuals, but also Hindu Undivided Families, firms, Company, Corporations, Societies, clubs, and associations operating within the state.

Equal Pay for Equal Work? Gender Pay Gap and Maternity Benefits in India

April 25, 2023 2364 Views 1 comment Print

Gender inequality is a pervasive issue across the world, and India is no exception. Despite significant progress in recent years, women in India continue to face a wide range of challenges in the workforce, including the gender pay gap and limited access to maternity benefits.

Shining A Light on Moonlighting: Exploring the Rise and Risks in India’s Workforce

April 25, 2023 1221 Views 0 comment Print

Moonlighting is a term that refers to having a second job, typically secretly and at night, in addition to one’s regular employment. Moonlighting can be a way of earning extra income, pursuing a passion, or exploring a new career path. However, it can also pose some challenges and risks for both employees and employers.

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