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Archive: 29 May 2023

Posts in 29 May 2023

Denial of exemption as inadvertently claimed u/s 54F instead of section 54 is unjustified

May 29, 2023 1314 Views 0 comment Print

ITAT Lucknow held that benefit of exemption cannot be disallowed merely because the same was claimed u/s 54F of the Income Tax Act instead of claiming u/s 54 of the Income Tax Act. Such mistake is inadvertent and typographical mistake.

CENVAT credit on input services utilized for trading activity is not allowable

May 29, 2023 1179 Views 0 comment Print

CESTAT Chandigarh held that before 01.04.2011 it was not open to the appellants to avail CENVAT credit paid on input services and utilized for provision of exempted services or trading goods.

Penalty u/s 271(1)(c) not imposable when income assessed on estimate basis

May 29, 2023 8844 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not imposable when income is assessed on estimate basis and accordingly additions are made therein on estimate basis.

Streamlined Fast Track Merger Process under Section 233 of Companies Act, 2013

May 29, 2023 1338 Views 0 comment Print

Companies Act, 2013 introduced provisions for a Fast Track Merger (FTM) under Section 233, which offers a streamlined and time-efficient process for specific classes of companies. This article explores the key aspects of FTM, including the eligible classes of companies, the timeline, and the procedural requirements.

TDS On ESOP Prerequisite By Eligible Start-Ups

May 29, 2023 6639 Views 0 comment Print

Article explores Section 192(1C) of Income-tax Act, which permits eligible start-ups to deduct or pay tax on ESOP perquisite within 14 days of specified events. Criteria for being an ‘eligible start-up’ and benefits associated with this provision will be discussed.

No loss to EPF members due to delay in updating of interest in passbook

May 29, 2023 1155 Views 0 comment Print

There is no financial loss to EPF (Employee Provident Fund) members due to the delay in updating interest in the member passbook. The process of updating the member passbook with interest is essentially an entry process. The date on which the interest is entered in the passbook does not have any actual financial impact.

Conundrum Surrounding Limitation Period For Issuance of Re-Assessment Notices Under The Income Tax Act, 1961

May 29, 2023 12990 Views 1 comment Print

The scope of reopening assessments under the Income Tax Act, 1961 (IT Act) remains unclear, despite several reformative changes introduced by the Parliament through the Finance Act, 2021.

Importance of enquiry on audit discrepancies & issue of FORM GST ADT-02

May 29, 2023 22779 Views 2 comments Print

Explore the crucial importance of conducting an inquiry on audit discrepancies and issuing FORM GST ADT-02 before initiating action under Sec 73 or 74. Understand the procedural nuances of departmental audits, ensuring fair and legal processes. Learn about the significance of inquiry letters, findings in audits, and the issuance of FORM GST ADT-02 for transparent and lawful tax procedures.

Rectifying Mistakes in TDS Challan: A Step-by-Step Guide

May 29, 2023 2925 Views 0 comment Print

As a professional in the field of taxation, I understand that mistakes happen, even in the most diligent processes. If you’ve made an error in your TDS challan, it’s essential to rectify it promptly to ensure accurate tax compliance.

FMV determined by registered valuer after considering relevant factors cannot be ignored

May 29, 2023 1833 Views 0 comment Print

ITAT Surat held that fair market value (FMV) by the registered valuers is determined after taking into account all the relevant factors like size, shape, situation, location, utility, future potentiality, etc. accordingly, the same cannot be ignore.

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