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Archive: 18 May 2023

Posts in 18 May 2023

Bagasse is an agricultural waste/ residue & is not result of any manufacturing process

May 18, 2023 996 Views 0 comment Print

CESTAT Mumbai held that bagasse being an agricultural waste/ residue, there could be no manufacturing activity. Accordingly, bagasse is not result of any manufacturing process

Service tax not payable on value of reimbursement of expenditure

May 18, 2023 2076 Views 0 comment Print

CESTAT Delhi held that value of reimbursement of expenditure is not includible in the value of taxable service and accordingly, service tax is not payable on the same.

G 20 Taxation – European Union – BEPS, 2023

May 18, 2023 1359 Views 0 comment Print

Explore G20 Taxation, European Unions efforts against tax avoidance, and the impact of BEPS in 2023. Understand the latest global tax initiatives, including the OECD/G20 Inclusive Framework on BEPS, and how multinational enterprises are subject to a 15% effective minimum tax rate. Stay informed about the Pillar Two GloBE Rules, Safe Harbours, Penalty Relief, GloBE Information Return, and Tax Certainty.

Capital Gain on JDA Agreement & Exemption under Section 54

May 18, 2023 41280 Views 2 comments Print

Explore the intricacies of capital gains on Joint Development Agreements (JDAs) and the exemption under Section 54 of the Income Tax Act. Learn how to calculate capital gains, conditions for exemption, and the benefits it offers to landowners. Make informed decisions with insights from tax professionals. Read now

Expanding Definition of Qualified Institutional Buyers For Debt Securities

May 18, 2023 5208 Views 0 comment Print

QIBs are an important source of funding for issuers seeking to raise funds through private placement of listed debt securities. QIBs are major participants in public issues of debt securities.

ITAT deletes Addition for Cash Deposit which was based on strange logic

May 18, 2023 849 Views 0 comment Print

ITAT find from assessment order that there has been no abnormal cash deposit and assessment order is based on estimation and strange logic and without any legal basis and hence, held to be legally invalid.

Transaction between manufacturer & dealer while acting pursuant to a warranty is Sale: SC

May 18, 2023 3489 Views 0 comment Print

Explore the Supreme Court’s judgment on sales tax implications for warranty claims in Tata Motors Ltd. vs. Deputy Commissioner case, addressing dealer-manufacturer transactions.

No section 271B Penalty for not getting audited due to bonafide belief of non-applicability of Tax Audit

May 18, 2023 978 Views 0 comment Print

Admittedly, the assessee had got the books of account audited for the first time for the relevant assessment year. Prior to the relevant assessment year, the assessee was under the bonafide belief that only the gross commission receipts are to be taken as turnover for the purpose of audit.

Income Tax Department conducts searches in West Bengal and Assam

May 18, 2023 522 Views 0 comment Print

Income Tax Department conducted search and seizure operations on a business group operating largely in North Bengal region of the State of West Bengal. The business group is controlled by a person with an active political background. Search was also conducted on his close business associate.

Non-filing of AGM proceedings with financials – MCA imposes penalty

May 18, 2023 15144 Views 1 comment Print

MCA imposes penalty under section 378ZA(10) of section 378ZA(10) of Companies Act, 2013 as company failed to file proceedings of the annual general meeting, along with report of Board of Directors, audited balance sheet, and profit and loss statements.

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