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Archive: 17 May 2023

Posts in 17 May 2023

Addition towards unexplained cash deposit unsustainable as creditworthiness and genuineness proved

May 17, 2023 2295 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained cash deposit unsustainable as onus of establishing the creditworthiness and genuineness of the transaction duly proved by the assessee.

Interest on FCCDs is to be computed by applying LIBOR plus 200 points

May 17, 2023 1062 Views 0 comment Print

ITAT Hyderabad held that FCCDs are debt hence interest paid/ payable on FCCDs in to be computed by applying LIBOR plus 200 basis points.

Notional interest not taxable as bank statement doesn’t show credit of any interest

May 17, 2023 1212 Views 0 comment Print

ITAT Delhi held that notional interest cannot be taxed as income as bank statement of the foreign bank account doesn’t show that any interest has been credited.

CENVAT Credit on free warranty service provided via dealer duly available to manufacturer

May 17, 2023 579 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit on warranty service provided free of cost during the warranty period through third parties dealer cannot be denied to the manufacturer.

Manual final assessment order without containing DIN is unsustainable in law

May 17, 2023 2967 Views 0 comment Print

ITAT Mumbai held that issuance of manual final assessment order without containing DIN (Document Identification Number) is deemed to have never been issued. Accordingly, the impugned order is unsustainable in law.

Disallowance u/s 36(1)(iii) unjustified as investments made out of interest free funds

May 17, 2023 1410 Views 0 comment Print

ITAT Ahmedabad held that when interest free funds are available with the assessee, it can be said that investments are made out of interest free funds and hence disallowance under section 36(1)(iii) of the Income Tax Act not justifiable.

Amnesty for default in export obligation – Exporter should be registered with DGFT

May 17, 2023 636 Views 0 comment Print

Principal Commissioners / Commissioners are to ensure that the exporters approaching for paying the duty, etc. are registered with the DGFT in terms of the Public Notice dated 02.04.2023 ibid. These cases under the scheme be monitored and tracked so that there is efficient handling and expeditious closure of these old cases of bona fide EO default in a seamless manner. Suitable mechanism for this should be put in place and closely supervised by the Principal Commissioners / Commissioners.

Master Circular for Registrars to an Issue and Share Transfer Agents

May 17, 2023 2535 Views 0 comment Print

SEBI may consider grant of certificate to an applicant, notwithstanding that another entity in same group has been previously granted registration by it

All directors except KMP not holding board position liable for CSR Violations

May 17, 2023 1422 Views 0 comment Print

KMPs who did not hold Board positions would not be liable under section 135. But all the directors as on that relevant date would be liable on account of the failure to discharge an obligation cast upon them by the law.

MCA Levies ₹3.75 Lakh Penalty for 2708-Day Delay in Internal Auditor Appointment

May 17, 2023 237 Views 0 comment Print

ROC Hyderabad penalizes Thrissur Expressway Limited and its officers Rs. 3.75 Lakhs for not appointing an internal auditor, violating Section 138 of Companies Act.

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