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Archive: July, 2023

Posts in July, 2023

Request to allows CMAs to conduct Tax Audit under Income Tax Act, 1961

July 23, 2023 18345 Views 13 comments Print

Proposing the inclusion of Cost and Management Accountants under Section 288(2) of the Income Tax Act to enhance tax audits and promote voluntary compliance in India.

Taxation of Futures & Options Income

July 23, 2023 8461 Views 0 comment Print

INCOME to start with, from F&O is considered as ‘business income’ not as a ‘capital gain income’. Hence, in case of individuals it is taxable as a slab rates. Further, it is covered in the definition of ‘Normal Business Income’ not as ‘Speculative Business Income’.

Corporate Contracts : Key Considerations For a Company

July 23, 2023 2499 Views 0 comment Print

As mentioned in the provision of The Indian Contract Act,1872, to enter into contract there must be two or more individual or body corporate or entities. To complying such provision before entering into contracts, it is important to ensuring that the company is in legal capacity to enter into contracts.

Section 66D(P)(i)(A) of Finance Act exempts service of goods transportation by person other than GTA

July 23, 2023 15243 Views 0 comment Print

CESTAT Ahmedabad held that services of transportation of goods by a person other than GTA are clearly exempt under Section 66D (P)(i)(A) of the Finance Act, 1994.

Income Mismatch with Form 26AS: ITAT Directs Re-Adjudication

July 23, 2023 4155 Views 0 comment Print

ITAT Kolkata orders reassessment of Mohammed Meraj’s case due to the lack of substantiating evidence regarding a mismatch in Form 26AS and Profit & Loss Account in TDS deduction.

Membrane System of Imported Goods Eligible for Custom Duty Exemption

July 23, 2023 1962 Views 1 comment Print

The case between the Commissioner of Customs (Air) and RBR Knit Process Pvt Ltd, regarding the eligibility for custom duty exemption of imported membrane systems, concluded with a favorable verdict for the latter by CESTAT Chennai.

J&K Roads Development Agency Exempt from TDS deduction on Term Deposit Interest

July 23, 2023 837 Views 0 comment Print

Court ruled that the funds in the Term Deposit Accounts were the income of the Government of India and exempt from TDS under Section 196 of the Act. Moreover, the JKSRRDA, being wholly financed by the Central Government, was also eligible for exemption under Notification No. 3489 dated 22.10.1970, despite not being registered under the Central Societies Registration Act.

Calcutta HC Dismisses WP Challenging Section 148A(d) Order as petitioner availed alternative remedy

July 23, 2023 834 Views 1 comment Print

In the case of Kothari Credit (India) Limited v. Union of India and others, the petitioner filed a writ petition challenging the impugned order passed under Section 148A(d) of the Income Tax Act, 1961.

Late Filing Fee Imposed for Delayed TDS Statement Upheld by ITAT

July 23, 2023 5412 Views 0 comment Print

The ITAT Delhi dismissed an appeal by Yogender Kumar and confirmed the levied late filing fee for a delay in filing a TDS statement, reinforcing the importance of timely compliance with TDS provisions.

Samsung Galaxy Tabs Classifiable as ‘ADP Machines/ Tablet Computers’

July 23, 2023 1596 Views 0 comment Print

The CESTAT in Chennai ruled in favor of the department, classifying Samsung Galaxy Tabs as ADP Machines/Tablet Computers rather than Mobile Phones, overturning the Commissioner (Appeals) prior decision.

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