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Archive: 24 May 2023

Posts in 24 May 2023

National Company Law Tribunal is not a forum for adjudication of fraud

May 24, 2023 3609 Views 0 comment Print

NCLT held that documents being forged or not cannot be determined by the National Company Law Tribunal as National Company Law Tribunal is not a forum for adjudication of fraud.

TDS deductible on professional & technical services fees for developing of web enabled software

May 24, 2023 1047 Views 0 comment Print

ITAT Chennai held that towards professional and technical services for developing of web enabled software SIBIL for marketing related information, which in our view is payment for technical services and the same is subject to deduction of tax at source.

Adjustment of refund towards amount of tax due without any notice is unjustified

May 24, 2023 1683 Views 0 comment Print

Facts- Petitioner statedly is a limited company engaged in procuring vehicles from Tata Motors Limited (“TML”) and selling them to dealers within and outside the State of Maharashtra.

Unexplained investment addition in one co-owner unsustainable if no addition in other co-owners

May 24, 2023 3207 Views 0 comment Print

ITAT Surat held that addition as unexplained investment in the hands of one of the co-owner unsustainable as department didn’t made proportionate addition in the hands of other co-owners.

CBIC explains aspects of Foreign Trade Policy, 2023 & Handbook of Procedures

May 24, 2023 2454 Views 0 comment Print

Circular No. 12/2023 -Custom Dated: 24th May 2023  provides information on customs notifications related to duty remission/exemption schemes and Export Promotion Capital Goods (EPCG) schemes, as well as highlights key aspects of the FTP and Handbook of Procedures (HBP). It also urges relevant authorities to ensure timely processing of applications and address any difficulties faced […]

Disallowance u/s 40(a)(ia) unsustainable as payment to non-resident not taxable in India

May 24, 2023 2130 Views 0 comment Print

ITAT Delhi held that as payments made to the non-resident service providers not chargeable to tax in India, thus disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-deduction of TDS is unsustainable.

Understanding ESOPs: Key Terminology & Tax Implications

May 24, 2023 2505 Views 0 comment Print

Explore key ESOP (Employee Stock Ownership Plan) terminology and tax implications. Understand grant dates, vesting periods, exercise prices, and taxation triggers. Make informed decisions on ESOPs for financial growth.

Implementing Effective CSR: Annual Action Plan under Companies Act 2013

May 24, 2023 3900 Views 0 comment Print

This article will delve into the annual action plan of CSR in India as outlined by the Companies Act 2013. It will explore the key provisions of the Act, emphasize the significance of strategic planning, examine eligible activities, and provide insights into implementing effective CSR initiatives to maximize their impact.

Assessment order passed on a non-existent company is null and void

May 24, 2023 1344 Views 0 comment Print

ITAT Ahmedabad held that draft assessment order u/s 143(3) read with section 144C of the Income Tax Act passed on a non-existent company is null and void.

Hostel and education service are naturally bundled and education service gives essential character to such bundle

May 24, 2023 1674 Views 0 comment Print

CESTAT Delhi held that the hostel service and education services are naturally bundled in the ordinary course of business and it is the education service that gives the essential character to such bundle. Accordingly, hostel service is not subjected to levy of service tax.

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