"09 June 2023" Archive

ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ 

DCIT Vs N.R Wires Private Limited & 38 Others (ITAT Raipur)

DCIT Vs N.R Wires Private Limited & 38 Others (ITAT Raipur) ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ ITAT allowed the Miscellaneous Applications filed by the Department holding that the Appellate Orders passed by the IT...

Simplify Income Tax filing with bulk 26AS and AIS downloads

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Posted Under: Income Tax |

Will (Before Death of Testator) Or POA cannot Confer Title in Immovable Property: SC

Ghanshyam Vs Yogendra Rathi (Supreme Court of India)

SC in the Ghanshyam Vs Yogendra Rathi, concerning entitlement to eviction and mesne profits based on various documents such as power of attorney, will, agreement to sell, possession memo, and sale consideration receipts...

Fees paid to foreign institutions having permanent establishment in India is not covered under RCM

Commissioner of GST & Central Excise Vs Vedanta Limited (CESTAT Chennai)

CESTAT Chennai held that tax under Reverse Charge Mechanism (RCM) doesn’t apply to fees paid to foreign institutions for External Commercial borrowing as such financial institutions have permanent establishment in India....

Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

Mauli Multipurpose Organisation Vs CIT (ITAT Pune)

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act....

Execution of Warrants by MahaRERA: Circular No. 44/2023

Circular No. 44/2023 MahaRERA/Secy/File No. 27/921 /2023 09/06/2023

Read the procedural note regarding the execution of warrants issued by the Maharashtra Real Estate Regulatory Authority (MahaRERA). Understand the legal framework, rules, and regulations for recovering interest, penalty, and compensation. Explore the importance of expedited compliance and the role of the Collectors in ensuring effective e...

Clarification on Exclusion of Real Estate Projects from MahaRERA Project Registration

Circular No. 25A/2023 09/06/2023

Read Circular No. 25A/2023 issued by the Maharashtra Real Estate Regulatory Authority (MahaRERA) regarding the exclusion of certain real estate projects from MahaRERA Project Registration. Understand the background, legal interpretations, and the newly issued clarification for projects falling under Serial Nos. 1 and 2 of Circular No. 25/...

Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

Mall Hotel Ltd Vs DCIT (ITAT Delhi)

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee....

Penalty u/s 271D leviable on failure to establish reasonable cause for taking cash loans

Love Shoppers Ltd  Vs ACIT (ITAT Ahmedabad)

ITAT Ahmedabad held that penalty under section 271D of the Income Tax Act leviable for contravention of provisions of section 269SS on failure to establish any reasonable cause for taking cash loans....

Export duty @5% on FOB payable as beneficiation undertaken to make sand into upgraded Ilmenite

Beach Minerals Company Vs Commissioner of Customs (CESTAT Chennai)

CESTAT Chennai held that the appellant has undertaken beneficiation process to make sand into processed/upgraded Ilmenite. Hence, export duty at rate of 5% FOB payable on such Ilmenite which is upgraded (beneficiated Ilmenite) processed....

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