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Archive: April, 2023

Posts in April, 2023

Deduction u/s 80IA allowable as form 10CCB was filed before final assessment order

April 22, 2023 4233 Views 0 comment Print

ITAT Chennai held that even though certificate in Form no. 10CCB was not filed along with return of income, but same was filed before the final order of assessment was made, hence the assessee was entitled to claim deduction u/s. 80IA of the Act.

Depreciation claim could not be decided until decision regarding capitalization of expenses in assessment order

April 22, 2023 978 Views 0 comment Print

Conclusion: Issue regarding claim of depreciation could not be decided until dispute regarding capitalization of expenses in assessment order was decided. Therefore, the same was restored to the file of CIT(A) with the direction to pass a fresh order in accordance with law, after providing reasonable opportunity to the assessee,

Termination of Contractual Employees without following Natural Justice Principles

April 22, 2023 17838 Views 1 comment Print

A contractual employee is defined under Section 2(b) of The Contract Labor (Regulation and Abolition) Act, 1970 which states that a contractual employee is employed by a principal employer in connection with the work of an establishment through a contractor.

Demand of tax under RCM unsustainable as service provider collected and deposited the tax

April 22, 2023 3744 Views 0 comment Print

CESTAT Delhi held that if tax is payable under RCM, however, service provider has duly collected the service tax and deposited the same to the Government. Demanding service tax under RCM from the service receiver will amount to double taxation and hence such demand not sustainable.

A Note on Environmental, Social, and Governance (ESG) Compliance

April 22, 2023 4893 Views 0 comment Print

Environmental, Social, and Governance (ESG) refers to a set of non-financial performance indicators that companies use to evaluate their impact on the environment, society, and corporate governance structure.

Addition u/s. 68 merely based on SMS or WhatsApp messages without corroborative evidence unsustained

April 22, 2023 9369 Views 0 comment Print

ITAT Kolkata held that addition towards undisclosed income u/s 68 of the Income Tax Act merely based on the SMS or WhatsApp messages without any corroborative evidences is unsustainable in law.

Anti-dumping duty is leviable based on commercial supply of item in the domestic industry

April 22, 2023 1269 Views 0 comment Print

CESTAT Delhi held that Clad with compatible non-clad aluminium foil didn’t had any commercial supplies in the domestic industry during the period of investigation and hence anti-dumping duty on the same is not leviable.

Revenue should adjudicate show cause notice within a reasonable time

April 22, 2023 2538 Views 0 comment Print

Delhi High Court held that revenue should adjudicate show cause notice expeditiously and within a reasonable time. Accordingly, continuation of proceedings for adjudication after a lapse of almost 13 years impermissible.

Hail! Principles Of Natural Justice!

April 22, 2023 2379 Views 0 comment Print

In a historic ruling, the Supreme Court mandates adherence to natural justice principles in bank fraud classifications, impacting borrowers’ rights.

Valuations of Iife Insurance under GST

April 22, 2023 4743 Views 0 comment Print

Under old indirect tax, a 15% service tax was levied on value of considerations which is being charged by insurer from insured in form of a premium.

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