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Archive: June, 2023

Posts in June, 2023

RBI Allows Remittances to IFSCs for ‘Studies Abroad’ under LRS

June 22, 2023 2082 Views 0 comment Print

RBI has issued a circular allowing remittances to International Financial Services Centres (IFSCs) for the purpose of ‘studies abroad’ under the Liberalised Remittance Scheme (LRS). This move expands the scope of permissible transactions in IFSCs and benefits resident individuals pursuing courses mentioned in the gazette notification.

Look Out Circular cannot be made norm to recover outstanding Bank payments

June 22, 2023 1272 Views 0 comment Print

Calcutta High Court held that Look Out Circular has dangerous repercussions on the person’s right to freely move across and beyond the country and remain mobile. Hence, Look Out Circular cannot be made the norm for recovery of outstanding payments to the Bank.

Revisionary order u/s 263 unsustainable as transaction accepted by AO post due application of mind

June 22, 2023 1152 Views 0 comment Print

ITAT Amritsar held that revisionary order under section 263 of the Income Tax Act unsustainable as AO accepted the deal of sale of agriculture land with a conscious and independent application of mind.

Demand as job worker unsustained in absence of supply of goods by principal manufacturer

June 22, 2023 936 Views 0 comment Print

CESTAT Chandigarh held that job worker is the one who works upon the goods supplied directly or indirectly by the principal manufacturer. In absence of the said supply, appellants do not fit into the definition of ‘job worker’. Hence, demand unsustainable.

Addition of unexplained investment u/s 69 untenable as source of investment duly explained

June 22, 2023 5547 Views 0 comment Print

ITAT Delhi held that addition u/s 69 of the Income Tax Act towards unexplained investment untenable as source of investment made by the appellant stands sufficiently explained.

Ambit of ‘manufacture’ for purpose of ‘deemed export’ has expanded coverage

June 22, 2023 831 Views 0 comment Print

Madras High Court held that by including processes such as refrigeration, re-packing, polishing, labelling, re-conditioning repair, remaking, refurbishing, testing, calibration and re-engineering within the ambit of manufacture, the legislature clearly intended an expansive understanding of what constituted ‘manufacture’ for the purposes of ‘deemed export’.

Addition in bogus purchase transaction reduced on pro-rata basis

June 22, 2023 1470 Views 0 comment Print

ITAT Raipur held that addition in case of bogus purchase transaction restricted to the extent of the difference between the gross profit of genuine purchases transactions and gross profit of bogus purchases transactions.

Amount not taxable under ‘capital gain’ as there is no transfer of right, title or interest in property

June 22, 2023 2919 Views 0 comment Print

ITAT Mumbai held that amount under the head ‘capital gain’ not taxable as there is no transfer of any right, title, or interest in the property.

Goods not meeting requirements of under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920

June 22, 2023 1860 Views 0 comment Print

CESTAT Kolkata held that for the purpose of sub heading 27101920, the “light oils and preparations” are those of which 90% or more by volume (including losses) distil at 210 degree Celsius. Goods not meeting the requirements as specified under Chapter Note 4 of Chapter 27 cannot be classified under CTH 27101920.

Late Filing of ROI: ITAT Directs Reconsideration of FTC Rejection

June 22, 2023 771 Views 0 comment Print

ITAT Hyderabad’s decision on Shridhar Madhav Diwan vs DCIT case emphasizes re-examination of denied foreign tax credit due to late Form No. 67, aligning with DTAA provisions and Income Tax Rules.

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