"May, 2023" Archive

Memorandum of Understanding – Result of a ‘one size fits all’ approach

What transpires from a Memorandum of Understanding [MOU] that is not followed by a detailed and acquiesced definitive agreement or an MOU that is not acted upon by the Parties thereof can be well explained after studying the alleged claim of Ms. Sugandha Hiremath, daughter of Neelkanth Kalyani, founder of $2.5 billion Kalyani Group, and [...

Posted Under: Corporate Law |

Influencer marketing Tax Compliance

Tax compliance in India for influencer marketing payments by a private limited company involves several aspects, including recording the expenditure in the books of accounts. Let’s break it down step by step: 1) Determine the nature of the payment: Influencer marketing payments can be categorized as either a business expense or a pa...

Posted Under: Corporate Law |

Refund To Exporter/Supplier to SEZ Under GST

The export of goods and services always receive special attention and treatment in any taxation. It is the endeavor of the Government to ensure that taxes are not exported along with export of goods and services. Under GST, export is treated as zero-rated supply....

Posted Under: Corporate Law |

How Income Tax Digitalisation will affect the Indian Economy?

Indian economic growth has been rapidly digitized in recent years due to various initiatives and trends. The Income Tax system in India has been highly influenced by digitalization. This has made it easier to perform multiple online operations, including filing, paying taxes, and keeping track of payments. The digitalization of the Indian...

Posted Under: Corporate Law |

Companies (Accounts) Second Amendment Rules, 2023

Notification No. G.S.R. 408(E). 31/05/2023

Companies (Accounts) Second Amendment Rules, 2023 specify that for the financial year 2022-2023, Form CSR-2 must be filed separately on or before March 31, 2024, after filing the specified forms AOC-4 or AOC-4-NBFC (Ind AS) or AOC-4 XBRL....

Addition unsustainable as department failed to prove that sundry creditors are bogus

ACIT Vs Al Nasir Agro Foods (ITAT Delhi)

ITAT Delhi held that addition of sundry creditors u/s 68/69C of the Income Tax Act unsustainable as department failed to prove that the sundry creditors are bogus....

Delhi HC Orders Timely Disposal of Long-standing Appeal

Northern India Zonal Assesmbly of The Mar Thoma Church Vs ITO (Exemptions) & Anr (Delhi High Court)

Delhi HC verdict on Northern India Zonal Assembly of The Mar Thoma Church's case against Income Tax Department. The court calls for a swift resolution to a four-and-a-half-year-old appeal....

Self assessment orders are also assessment orders and are appealable

M K Wood India Pvt Ltd Vs C.C.-Mundra  (CESTAT Ahmedabad)

Apex Court in case of ITC LTD Vs. CCE, Kolkata held that self assessment orders are also assessment orders and are appealable just like other orders, like re-assessment orders....

Typographical Error in Invoice: HC directs Dept to reconsider ITC Refund Application

Principal Global Services Pvt Ltd Vs State of Maharashtra (Bombay High Court)

Principal Global Services Pvt Ltd Vs State of Maharashtra (Bombay High Court) As regards the position of the invoices mentioning Lowa State in the United States of America is concerned, we find that there is an obvious typographical error as there is no such State in the United States. The corresponding name to that place […]...

Exercise to arrive at quantum of Service Tax cannot be taken up by Tribunal

SBM Udyog Vs Commr. of CGST & CX (CESTAT Kolkata)

SBM Udyog Vs Commr. of CGST & CX (CESTAT Kolkata) On going through the Appeal papers, it is observed that the Appellant has not enclosed copy of the OIO because of which the Tribunal is not in a position to make out as to how the Adjudicating Authority has confirmed the demands and what evidences […]...

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September 2023