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Archive: 12 May 2023

Posts in 12 May 2023

Special provisions for computing profits and gains under Income Tax Act, 1961

May 12, 2023 2403 Views 0 comment Print

Explore special provisions for computing profits and gains under the Income Tax Act, 1961, covering diverse areas such as mineral oil exploration, small businesses on presumptive basis, professions, goods carriage operations, shipping, aircraft operation, turnkey power projects, and royalty income of non-residents. Stay updated on amendments and key details for effective tax planning.

Capital Gain Tax Exemption – Date of Purchase or Construction of New Property

May 12, 2023 102600 Views 55 comments Print

Explore Capital Gain Tax Exemption rules on property transactions with illustrative examples, legal decisions, and statutory provisions. Understand the nuances of claiming exemptions under sections 54 and 54F of the Income Tax Act based on the date of purchase, possession, or construction. Get insights into specific legal decisions and learn about the factors affecting eligibility for exemptions.

Input Tax Credit for Machinery Foundation and Structural Supports

May 12, 2023 14835 Views 0 comment Print

In re Colourband Dyestuff P Ltd (GST AAR Gujarat) Colourband Dyestuff P Ltd, a dye manufacturing company, has filed an application seeking an advance ruling on the eligibility of input tax credit (ITC) for the works contract services and materials used for the foundation and structural supports of their machinery. The applicant argues that the […]

GST on reimbursement received from NEEM Trainer towards Stipend & other expenses

May 12, 2023 936 Views 0 comment Print

In re Beeup Skills Foundation (GST AAAR Maharashtra) AAAR held that the reimbursement amount received by the Appellant from NEEM Trainer towards Stipend and other expenses incurred by the Applicant in accordance with AICTE (NEEM) Regulations to ensure wealth, safety and health of NEEM Trainees is not in the capacity of pure agent. In the […]

HC allows filing of revised Income Tax Return after due date post Amalgamation

May 12, 2023 4233 Views 0 comment Print

TSI Business Parks Hyderabad Pvt Ltd Vs DCIT (Telangana High Court) In Dalmia Power Limited v. ACIT (2019) 112 Taxmann. com 252 (SC), the issue before the Supreme Court was whether the Income Tax Department ought to have permitted the assessee companies to file the revised income tax return for the assessment year 2016-2017 after […]

No confiscation of Gold & silver not having foreign markings without evidence of smuggling

May 12, 2023 2826 Views 0 comment Print

Section 123 applies inter-alia to gold/silver bullion seized on the reasonable belief that they are smuggled goods. Burden of proving that they are not smuggled goods shall be on the person, who claims to be the owner of the goods so seized or from whose possession the goods are seized.

Tax consultant not followed tax demands – ITAT restores matter to CIT(A)

May 12, 2023 3888 Views 1 comment Print

ITAT noted that tax consultant of assessee has not followed all tax demands and necessary submissions made to Revenue Authorities during pre-covid period i.e. 06.08.2019 to 14.03.2020.

Printing on PVC amounts to production of Goods – Service Tax not payable

May 12, 2023 771 Views 0 comment Print

Decorative Sleeves Pvt Ltd Vs C.C.E. & S.T (CESTAT Ahmedabad) Notification No. 14/2004-ST exempts production of goods on behalf of client and any service incidental or ancillary to production of goods. In the instant case, it is not in dispute that the appellants are printing on PVC material supplied by their clients. Printing may or […]

Conversion of One Stage of Yarn into Another not amounts to Manufacture

May 12, 2023 1008 Views 0 comment Print

Hada Textiles Industries Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Kolkata) Department had demanded duty on the cotton yarn in view of the Chapter Note I to Chapter 52 of CETA, 1985 on the ground that products covered under Heading No.52.03, sizing, beaming, warping, winding or reeling or any one or more […]

Delhi Govt has Control over ‘Services’ Excluding Public Order, Police & Land: SC

May 12, 2023 1020 Views 0 comment Print

The legislative and executive power of NCTD over entry 41 shall not extend over to services related to public order, police and land. However, legislative and executive power over services such as Indian Administrative Services or Joint Cadre Services which are relevant for the implementation of policies and the vision of NCTD in terms of day-to-day administration of the region, shall lie with the NCTD

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