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Archive: July, 2023

Posts in July, 2023

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

July 3, 2023 1023 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 756 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 5892 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 2871 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 765 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.

Four Two Yell Dee – 70% Rera A/C

July 3, 2023 6762 Views 0 comment Print

Understand the intricacies of RERA Section 4(2)(l)(D) requiring real estate promoters to deposit 70% of funds in a separate account. Explore the purpose, compliance process, and the role of professionals like architects, engineers, and CAs. Learn about the regulations, rules, and directions issued by RERA authorities, ensuring transparency and protecting the interests of real estate consumers.

Claim of wrong availment of abatement doesn’t amount to mis-declaration so demand of normal period sustained

July 3, 2023 1431 Views 0 comment Print

CESTAT Chennai held that claim of wrong availment of abatement via ST-3 returns doesn’t amount to mis-declaration. Hence, extended period of limitation cannot be invoked and demand for normal period sustained.

Adjustment towards disallowance in terms of section 36(1)(va) are permissible under scope of section 143(1)

July 3, 2023 2694 Views 0 comment Print

ITAT Mumbai held that disallowance of delayed payment of employee’s contribution to PF and ESIC in terms of section 36(1)(va) is incorrect claim apparent from any information in the return. Accordingly, adjustment is permissible under the scope of section 143(1).

Penalty u/s 11AC unwarranted as Excise duty paid with interest

July 3, 2023 1203 Views 0 comment Print

CESTAT Chennai held that duty burden is shifted to the appellant unit only because facility under rule 12BB is opted. Also, penalty under section 11AC of the Central Excise Act, 1944 unwarranted when duty liability is paid with interest.

SEBI Master Circular for Credit Rating Agencies: Guidelines and Regulations

July 3, 2023 4800 Views 0 comment Print

SEBI has issued a master circular for Credit Rating Agencies (CRAs) encompassing guidelines, obligations, and code of conduct. This article provides an overview of the circular, its purpose, and its applicability to registered CRAs, debenture trustees, and issuers of various securities. Stay informed about the regulatory framework in place for CRAs in India.

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