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Archive: 09 May 2023

Posts in 09 May 2023

Rent including service tax paid for the business purpose is allowable u/s 30

May 9, 2023 993 Views 0 comment Print

ITAT Delhi held that rent including service tax on rent paid for the purpose of business is allowable under section 30 of the Income Tax Act.

Authority duty bound to refund excess duty paid because of an error in EDI system

May 9, 2023 561 Views 0 comment Print

CESTAT Delhi held that authority is not permitted to retain the excess amount paid by the appellant because of an error in EDI system. Authority is duty bound to refund such amount.

Mere Interest waiver will not Vitiate Genuineness of Loan Transaction

May 9, 2023 609 Views 0 comment Print

Merely the parties agreed to not to charge/pay interest on loan will not vitiate the genuineness of such loan transaction unless and until the revenue brought some cogent material on record to prove that such transaction of loan is not genuine.

RV to mention nature & sources of information relied during valuation: IBBI

May 9, 2023 237 Views 0 comment Print

IBBI notes that rule 8(3)(g) mandates an RV to mention the nature and sources of information relied upon during the valuation. Further, rule 8(3)(j) mandates the RV to mention major factors that were taken into account during the valuation. Therefore, the Authority finds that the factors considered by the RV during the valuation, and as […]

Status of operations at DR Site of Broker Dealers & Clearing Members registered with IFSCA

May 9, 2023 678 Views 0 comment Print

Operations carried out by the Broker Dealers and Clearing Members, from their respective DR sites located outside GIFT-IFSC and within India, shall be deemed to have been carried out at GIFT-IFSC.

Date extended for exercise of option by GTA to pay GST under forward charge

May 9, 2023 2439 Views 0 comment Print

CBIC amends notification No. 11/2017- Union Territory Tax (Rate) dated 28.06.2017 so as to to extend last date for exercise of option by GTA to pay GST under forward charge vide Notification No. 05/2023-Union Territory Tax (Rate) Dated: 09th May, 2023 Central Board of Indirect Taxes & Customs Government of India Ministry of Finance (Department […]

TDS not deductible on Foregone Salary & Employee cannot claim credit

May 9, 2023 5829 Views 0 comment Print

Section 192 provides deduction of tax ‘at the time of payment’. Admittedly there was no payment of the salary etc, which was foregone as per terms of settlement in mediation proceedings.

MCA imposes penalty for attaching wrong attachments with Form AoC-4

May 9, 2023 8811 Views 0 comment Print

On the examination of document submitted to ROC, it is observed that certifying professional had filed e form AOC-4 with wrong attachment

Excise duty demand will not sustain if after adjusting Cenvat credit no differential demand arises

May 9, 2023 915 Views 0 comment Print

Commissioner of Central Excise & ST Vs Gujarat Heavy Chemicals Limited (CESTAT Ahmedabad) CESTAT find that appeal can be disposed of only on threshold point that whether the entire case involves the Revenue neutrality or otherwise. There is no dispute that all the goods on which the duty was demanded have been imported duly paid […]

Under PMLA It is immaterial whether acquittal was on merit or compromise

May 9, 2023 2691 Views 0 comment Print

Manturi Shashi Kumar Vs Director (Telangana High Court) Facts in the present appeal lie within a narrow As already noted above, appellant No.1 was an accused in the criminal case for offences which are considered as predicate offences under PMLA. In view thereof, a case was registered under PMLA following which the properties mentioned above […]

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