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Archive: 17 July 2023

Posts in 17 July 2023

Once income is shown the assessee has every right to get credit of TDS

July 17, 2023 1941 Views 0 comment Print

ITAT Delhi held that if the assessee has shown the income, then, the assessee has every right to get credit of TDS even if deductor has deducted tax in subsequent A.Y.

Benchmarking corporate guarantee fees based on bank guarantee rates is incorrect

July 17, 2023 1542 Views 0 comment Print

ITAT Mumbai held that the bank guarantee rates cannot be considered for benchmarking corporate guarantee fees, therefore benchmarking of AO and DRP is also incorrect. It depends on creditworthiness of parties and benefit arising out of the same in the hands of the parties to the transaction.

Format of Board Report of Listed Company

July 17, 2023 49515 Views 0 comment Print

Explore the essential Format of Board Report for Listed Companies, covering financial highlights, management analysis, dividend recommendations, director responsibilities, audit reports, and more. Ensure compliance with regulatory stipulations and sectoral regulations. Download the sample director’s report for a comprehensive guide.

GST Refund on Export based on FOB value: A Partial Settlement!

July 17, 2023 39630 Views 3 comments Print

There are discrepancies between the Invoice Value and value in the shipping bill/bill of export and hence required clarity on which one should be adopted as export value for the purpose of refund.

Measures for GST streamlining compliances: 50th GST Council Meeting

July 17, 2023 1473 Views 0 comment Print

GST Council meetings hit the half-century on 11 July 2023. Various recommendations were made in the 50th GST Council meeting to streamline and enhance the existing procedures and practices. In this regard, this article highlights the various recommendations of the council concerning proposed measures to streamline GST compliance.

Decoding ‘Bogus Purchases’ with Comprehensive Analysis from Income Tax Perspective

July 17, 2023 24495 Views 0 comment Print

bogus purchases is a arisen, there has not been a consistent approach of different courts, as facts are not found similar in such cases.

Law declared by a Court will have retrospective effect if not otherwise stated

July 17, 2023 6126 Views 0 comment Print

ITAT Kolkata held that that law declared by a court will have retrospective effect, if not otherwise stated to be so specifically. It is also well settled proposition that whenever, a previous decision is overruled by a larger bench of the Supreme Court, the previous decision is completely wiped out.

Date of judgement is relevant date where duty becomes refundable as a consequence of judgement

July 17, 2023 516 Views 0 comment Print

CESTAT Delhi held that where the duty becomes refundable as a consequence of judgement decree order or direction of appellate authority Appellate Tribunal or any Court, the date of such judgement decree, order or direction shall be the relevant date.

Struck off of name by ROC unsustainable as substantial movable and immovable assets held by Company

July 17, 2023 585 Views 0 comment Print

NCLAT Delhi held that struck off of name from the list of Active Companies by ROC unsustainable as Company is having substantial movable as well as immovable assets, and hence it cannot be said that the Appellant Company is not carrying on any business or operations.

Deduction u/s 10AA available on trading activities from SEZ

July 17, 2023 1002 Views 0 comment Print

ITAT Mumbai held that activities of import of goods for re-export (i.e. trading activities) falls within the meaning of service defined u/s 2(z) of SEZ Act and accordingly the profits and gains derived from such services rendered from SEZ would be eligible for deduction u/s. 10AA of the Income Tax Act.

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