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Archive: April, 2023

Posts in April, 2023

Advance payment for acquisition of property – Indexation from year of payment or year of registration of purchase deed?

April 21, 2023 15816 Views 2 comments Print

The issue  involved in this case is whether the benefit of indexation is available on ‘advance payment’ made for acquisition of property or whether the benefit of indexation is available from the year of registration of purchase deed.

Documents required for Due Diligence

April 21, 2023 5685 Views 0 comment Print

Due Diligence is the process by which confidential, legal, or financial and other material information are exchanged, reviewed and appraised by the interest parties who are going to enter into a Business transaction. Due diligence often refers to the in-depth research and study being done before signing an agreement or a business with a party.

Legal Protections against Workplace Discrimination and Harassment in India

April 21, 2023 13014 Views 0 comment Print

Explore legal protections against workplace harassment and discrimination in India. Understand the laws, such as the Sexual Harassment of Women at Workplace Act and others. Learn about the challenges in implementing these safeguards, including lack of knowledge and fear of reprisal. Discover the importance of proper application for a respectful work environment.

Retired Employees to apply for higher pension under up to May 3, 2023

April 21, 2023 3846 Views 0 comment Print

The Supreme Court declared that members of the Employees’ Provident Fund Organization (EPFO) who are also members of the Employees’ Pension Scheme might contribute more to their pensions if certain conditions are met.

FTS service not taxable in India in absence of PE as FTS clause doesn’t exist in India-UAE tax treaty

April 21, 2023 7530 Views 0 comment Print

ITAT Ahmedabad held that in absence of FTS (Fees for Technical Service) clause in the India UAE Tax Treaty, payment for the FTS services cannot be taxed in India, unless it is established that the overseas company i.e. Oilstone UAE has a permanent establishment (PE) in India.

Prior period expenses allowable as liability crystallized in the year under consideration

April 21, 2023 4452 Views 0 comment Print

PCIT Vs Balmer Lawrie And Company Limited (Calcutta High Court) The Division bench of Calcutta High Court in this case was considering department’s appeal whether any substantial question of law arose when the assessee had claimed Rs 4.08 crore as prior period expenditure on account of same having crystallised during the year though it related […]

Professional fee Payment to Doctors cannot be disallowed by treating as Referral Fee

April 21, 2023 1752 Views 0 comment Print

ITO Vs Dipen M. Desai (ITAT Ahmedabad) It is an undisputed fact that the assessee has made payment of Rs.4,98,225/-to the Doctors as their professional fees and the same cannot be termed as referral fees. In fact, the ld AR at the time of argument submitted that the terminology of referral fees was wrongly interpreted […]

IRP can reduce admitted claim based on Arbitration award

April 21, 2023 1308 Views 0 comment Print

NCLAT held that The Resolution Professional has calculated the claim of the Appellant as per the award dated 19.01.2018. Appellant who has himself initiated the Arbitration Proceeding cannot deny that he is bound by the award which was delivered in his favour.

Execution of Subsisting Government Contracts Awarded in pre or post GST Regime without updating Rate: HC directs to File representation before Additional Chief Secretary

April 21, 2023 465 Views 0 comment Print

Classic Vs State of West Bengal (Calcutta High Court) This writ petition has been filed for the relief by way of direction upon the respondents authority concerned to bear the additional tax liability for execution of subsisting Government contracts either awarded in the pre-GST regime or in the post GST regime without updating the Schedule […]

Order passed without giving opportunity to petitioner is remanded back to AO by HC

April 21, 2023 486 Views 0 comment Print

order has been passed without any giving opportunity to the petitioner to produce the relevant documents which were in his custody, is being set aside and the matter is being remanded back to the Assessing Officer to pass a fresh order after giving one opportunity to petitioner

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