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Archive: 03 July 2023

Posts in 03 July 2023

Important Deadlines in July 2023: ITR Filing, EPFO Pension, TDS, and More

July 3, 2023 2616 Views 0 comment Print

Stay updated with the critical deadlines in July 2023. Learn about the income tax return (ITR) filing, EPFO pension contribution, TDS submission, and PAN-Aadhaar linking. Ensure compliance to avoid penalties.

Addition towards cash deposited during demonetization set aside for de novo proceedings

July 3, 2023 13080 Views 0 comment Print

ITAT Lucknow sets aside additions made for cash deposits during demonetization in Shiva Goods Carrier Pvt Ltd vs DCIT, orders de novo proceedings under section 68 of the Income Tax Act.

Demand on semi-finished and finished goods not sustained as goods exported on payment of duty

July 3, 2023 816 Views 0 comment Print

CESTAT Chennai held that duty demand on semi-finished goods and finished goods not sustainable as goods are exported on payment of duty under section 3(1) of the Central Excise Act, 1944.

Land transferred at the time of execution of Development Agreement cannot be taxed in year of Sale Agreement

July 3, 2023 5625 Views 0 comment Print

ITAT Mumbai held that land was transferred to the builder/ developer at the time of execution of Development Agreement i.e. 18/01/2008 and accordingly, the same cannot be taxed in the year of agreement of sale i.e. A.Y. 2010-2011.

Exemption u/s 11 available against receipt of trust from activities like sale of plots/ flats

July 3, 2023 2166 Views 0 comment Print

ITAT Chandigarh held that receipts of the assessee trust from its activities of sale of plots, flats and commercial booths and also its income earned form non-construction fee, transfer fee, penal interest and compounding fee, etc., are held to be entitled for exemption under Section 11 of the I.T. Act.

Rate at which loan taken by Appellant cannot be taken as internal CUP to benchmark loan given to AE

July 3, 2023 621 Views 0 comment Print

ITAT Mumbai held that TPO was correct in concluding that the rate at which loan is taken by the Appellant cannot be taken as internal CUP to benchmark the loan given by the Appellant to its AE as there is a difference in credit rating of the Appellant and its AE.

Agency commission rightly marked as NIL on failure to produce evidence regarding rending service by AE

July 3, 2023 405 Views 0 comment Print

ITAT Chennai held that assessee failed furnish any evidences to prove that there are negotiations between assessee and AEs with regard to marketing strategy, sales targets, credit period, etc. Accordingly, TPO/AO has rightly bench marked payment of agency commission as ‘nil’.

Husband supplies money for acquiring property in wife’s name doesn’t imply benami transaction

July 3, 2023 5073 Views 0 comment Print

Calcutta High Court held that if a husband supplies the consideration money for acquiring property in the name of his wife, such fact does not necessarily imply benami transaction.

Goods imported separately cannot be clubbed for the purpose of classification

July 3, 2023 1614 Views 0 comment Print

CESTAT Kolkata held that goods imported separately by two different importers cannot be clubbed for classification purpose. Goods imported by appellants not in CDK condition cannot be classified under Customs Tariff Heading 87038040.

Value of goods exported not includible in threshold limit prescribed under notification no. 8/2003-CE

July 3, 2023 366 Views 0 comment Print

CESTAT Chennai held that when Form-H has been produced to establish that the goods have been exported the value of such clearances would not be included in the aggregate value so as to deny the SSI exemption.

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