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Archive: 11 July 2023

Posts in 11 July 2023

Capital gain not computable on execution of sale deed in favour of daughter-in law

July 11, 2023 11631 Views 0 comment Print

ITAT Jaipur held that capital gain not computable in respect of sale deed executed in favour of daughter-in law as it is only a gift to close relative and not a sale.

Addition towards anonymous donations sustained as genuineness of cash donation not discharged

July 11, 2023 768 Views 0 comment Print

ITAT Pune held that onus of proving the genuineness of transaction of receipt of donation not discharged. Accordingly, held that all cash donation transactions are sham, a make believe story, a device adopted created to sleeve undisclosed income through anonymous donations.

Shutting down window by department before completion of extended time limit to furnish reply is unjustified

July 11, 2023 843 Views 0 comment Print

Bombay High Court held that as per clause (xiii) of section 144B(1), reply can be filed by the assessee on the date and time as specified or within the extended time. Accordingly, shutting down the window before completion of extended time limit is unjustified. Hence, assessment order liable to be quashed.

Additions to be based solely on tangible material and not on the basis of estimations or extrapolation theory: ITAT

July 11, 2023 1494 Views 0 comment Print

In present facts of the case, the ITAT observed that Guess work or estimation or extrapolation of income is not permissible unless there are strong evidences to suggest otherwise. The additions are to be based solely on tangible material and not on the basis of estimations or extrapolation theory

Service tax not leviable on transfer of know-how

July 11, 2023 819 Views 0 comment Print

CESTAT Chandigarh held that know-how is not an Intellectual Property Rights (IPR) within the meaning of service tax law and consequently its transfer is not liable to service tax.

Ranger (non-electric) and Ranger (electric) is classifiable under CTH 8704 and CTH 8709 respectively

July 11, 2023 381 Views 0 comment Print

CESTAT Delhi held that the Ranger (non-electric) Vehicles deserve to be classified under CTH 8704 and Ranger (electric) and Brutus Vehicles deserve to be classified under CTH 8709.

TDS u/s 195 not deductible as payment to sister concern in USA is purely reimbursement of expense

July 11, 2023 567 Views 0 comment Print

ITAT Chennai held that there is no obligation to deduct tax at source u/s 195 of the Income Tax Act as payment made to sister concern in USA is purely reimbursement of expense and does not involve any element of income.

Taxation of Crypto & Virtual Digital Assets: Set off of Loss on Sale of VDA against Profit on Sale of Other VDA

July 11, 2023 38859 Views 3 comments Print

Learn about the taxation of virtual digital assets (VDAs) and the set-off of losses on the sale of one VDA against the profit on the sale of another VDA. Explore the provisions under section 115BBH, the confusion surrounding set-off rules, and the implications for Bitcoin transactions. Gain insights into the classification of VDAs, the treatment of NFTs, and key considerations for taxation.

Live Webinar on Important Issues in Input Tax Credit and Handling Notices in Case of Fake Invoicing Investigation

July 11, 2023 5271 Views 0 comment Print

Join our free live webinar featuring Dr. Ayush Saraf, a renowned practicing chartered accountant, as he delves into contentious issues surrounding Section 16 for claiming input tax credit and provides practical insights on fake invoicing.

Guide to filing of application for initiation of CIRP by Financial Creditors

July 11, 2023 4185 Views 0 comment Print

Learn about the process of filing applications by financial creditors under the Insolvency and Bankruptcy Code. Understand the provisions, timelines, and requirements for initiating Corporate Insolvency Resolution Process (CIRP) as a financial creditor.

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