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Archive: 31 July 2023

Posts in 31 July 2023

Tax on royalty to foreign companies: SC Upholds Legality of Engineering Analysis Case

July 31, 2023 8979 Views 0 comment Print

The Supreme Court of India dismisses the Special Leave Petition (SLP) and upholds the legality of the Engineering Analysis case regarding the taxability of royalty paid to foreign companies.

Corporate Guarantee facility provided to overseas AE is international transaction

July 31, 2023 1077 Views 0 comment Print

ITAT Mumbai held that Corporate Guarantee facility provided to overseas AE by the assessee is an international transaction and hence addition towards Arm’s Length Guarantee Fee confirmed.

Sanctioned Refund can Be Adjusted against Excise Duty Dues: CESTAT Ahmedabad

July 31, 2023 780 Views 0 comment Print

CESTAT Ahmedabad rules that a sanctioned refund claim can be adjusted to any dues of excise duty as per Section 11 of the Central Excise Act. The case involves the appropriation of excess Cenvat credit and penalty amounts from the refund.

TDS not deductible on payments to Non-resident Telecom Operators

July 31, 2023 2034 Views 0 comment Print

Karnataka High Court held that payments made to Non-resident Telecom Operators for provision of bandwidth and Inter-connectivity Usage Charge are not covered as Royalty/ FTS and, accordingly, TDS not deductible. Further, assessee is entitled to take benefit of DTAA between two countries.

CESTAT Upholds Service Tax Addition for Shipping Line Services as Steamer Agent

July 31, 2023 810 Views 0 comment Print

CESTAT Ahmedabad upholds the addition of service tax on services provided to shipping lines, classifying them under the category of steamer agent as per Section 65(100) of the Finance Act.

CESTAT Ahmedabad Reduces Bank Guarantee for Provisional Release Based on Precedent

July 31, 2023 450 Views 0 comment Print

CESTAT Ahmedabad reduces the bank guarantee for provisional release of imported dry dates to Rs. 18 lakhs, citing the proportionate value of the goods. The appellant, K.L. International, had sought reconsideration of the original order, arguing that the goods were perishable edible goods and not restricted or prohibited.

ITAT Allows Deduction u/s. 80JJAA: Revised Return Categorization Mistake corrected

July 31, 2023 1665 Views 1 comment Print

ITAT Mumbai allows the claim of deduction u/s. 80JJAA for the assessment year 2020-21, as the taxpayer had filed the original return of income on time. The claim was initially denied due to an error in categorizing the revised return as an original return.

Personal Hearing Cannot be Denied Based on Mere “No” in GSTDRC-06: Orissa HC

July 31, 2023 1128 Views 0 comment Print

Explore the Orissa High Court’s decision in Arati Behera Vs State Tax Officer, affirming a taxpayer’s right to a personal hearing despite form discrepancies.

Draft National Deep Tech Startup Policy (NDTSP) 2023

July 31, 2023 105 Views 0 comment Print

The policy addresses major challenges like funding gaps, regulatory hurdles, and lack of infrastructure in deep tech startups. It proposes targeted interventions including grants, sandboxes, and shared resources. The takeaway is a structured roadmap for long-term startup sustainability.

Service Tax Exempt on Gujarat State Police Housing Corporation’s Residential Complex

July 31, 2023 1056 Views 0 comment Print

In a significant ruling, CESTAT Ahmedabad held that construction of residential complexes for non-commercial organizations like Gujarat State Police Housing Corporation is exempt from service tax.

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