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Archive: 05 August 2023

Posts in 05 August 2023

GST: RCM Liability Under Section 9(3) Irrespective of Supplier Turnover

August 5, 2023 20325 Views 1 comment Print

Explore the detailed analysis of Reverse Charge Mechanism (RCM) under GST’s Section 9(3), where recipients must pay tax even if supplier turnover is below threshold.

PayPal Obliged to Fulfill Reporting Duties Under PMLA as Payment System Operator

August 5, 2023 1806 Views 0 comment Print

Delhi High Court held that PayPal is liable to be viewed as payment system operator and obliged to comply with reporting entity obligation as placed under PMLA

In absence of Direct Evidence Share Trading Loss cannot be treated as Bogus

August 5, 2023 1683 Views 0 comment Print

Raigarh Jute & Textile Mills Ltd triumphs as ITAT Kolkata rules share trading loss genuine. Detailed analysis reveals weak circumstantial evidence.

Refund issued will first be adjusted against interest and then against principal amount

August 5, 2023 1896 Views 0 comment Print

ITAT Ahmedabad held that the amount of refund issued to the assessee will be first adjusted against the interest then, after that against the principal amount.

Penalty u/s 271AAB not imposable as income not falls in undisclosed income category

August 5, 2023 2265 Views 0 comment Print

ITAT Jaipur held that imposition of penalty under section 271AAB of the Income Tax Act unsustainable as income does not fall in the category of undisclosed income.

Capital Gain Taxable in Year of Land Possession Granted to Developer

August 5, 2023 1917 Views 0 comment Print

ITAT Visakhapatnam held that capital gain taxable in the year in which possession of land is granted to the developer vide the original development agreement and not in the year in which supplementary agreement is entered.

Rendering cloud computing services not liable to tax in India as royalty or FTS/FIS

August 5, 2023 4290 Views 0 comment Print

ITAT Delhi held that rendering cloud computing services/ Amazon Web Services (AWS Services) cannot be held to be liable to tax in India either as royalty or as Fees for Technical Services (FTS)/ Fees for Included Services (FIS).

Understanding the Principle of Mutuality in Tax Law: Key Implications

August 5, 2023 15369 Views 2 comments Print

Dive into the Principle of Mutuality, exploring its meaning, tax implications, and impact on cooperative societies. Discover case studies and real-life applications

Reopening of assessment quashed as PCIT granted approval without adequate inquiry

August 5, 2023 1533 Views 0 comment Print

Delhi High Court held that reopening of assessment liable to be quashed as PCIT simply rubber-stamped the attempt of AO to reopen the assessment without inquiring about various basic issues involved in the matter like applicability of section 50C, cost of acquisition and claim of deduction u/s 54EC.

Whether Section 233 of Companies Act 2013 Allow Amalgamation Alteration?

August 5, 2023 822 Views 0 comment Print

Explore the possibility of changes in an amalgamation scheme under Section 233 of the Companies Act, 2013, based on recent legal precedents.

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