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Archive: 11 August 2023

Posts in 11 August 2023

Cost imposed on assessee due to non-cooperation before lower tax authorities

August 11, 2023 495 Views 1 comment Print

ITAT held that in view of non-cooperation on the part of the assessee before lower authorities for verification of it’s own documents/ claims cost of Rs. 20,000 imposed on the assessee to be deposited into Prime Minister Relief Fund.

GST Gameplay on Online Gaming

August 11, 2023 6930 Views 1 comment Print

Explore the impact of the 28% GST imposition on online gaming, casinos, and horse racing as recommended by the 50th GST Council meeting. Understand the industry’s outrage, the blurred line between games of skill and chance, and the government’s intention to tax the value generated by these activities. Learn about the potential consequences for players and the gaming industry, and the broader implications for the taxation of virtual assets and emerging markets. Stay informed about the evolving regulatory landscape in the online gaming sector.

Penalty on mediator unjustified as he was unaware about forged/ fake nature of advance licence

August 11, 2023 405 Views 0 comment Print

CESTAT Ahmedabad held that penalty on mediator acting as a broker in dealing with trading of advance licence which was forged or obtained fraudulently unjustified as it is not established that he was aware about forged/ fake nature of licence.

Compounding fee not payable as provision of Legal Metrology Act not violated

August 11, 2023 1416 Views 0 comment Print

Delhi High Court held that as the appellants couldn’t be held to have been violated any provision of the Legal Metrology Act, they shouldn’t be held liable to pay a compounding fee. Compounding fee is not in nature of a tax or duty.

It is mandatory to grant opportunity to cross-examine third party whose statement is relied upon

August 11, 2023 1461 Views 0 comment Print

Calcutta High Court held that as and when statement from the third party recorded under section 108 of the Customs Act is relied upon then the opportunity of cross-examining such person is necessary to be given to the assessee.

Shares held as investment taxable under capital gain irrespective of controlling interest

August 11, 2023 798 Views 0 comment Print

ITAT Mumbai held that shares held as investment is taxable under capital gain. The same cannot be treated as business income on the ground that the assessee was participating in the business of JMMSSPL and had had transferred the controlling/business interest.

Matter already considered and decided by CIT(A) cannot be re-considered in revision proceeding

August 11, 2023 366 Views 0 comment Print

ITAT Delhi held that once a matter has been considered and decided by the ld.CIT(A), the very same issue cannot be the subject matter of consideration at all by PCIT in the revision proceedings either on substantive basis or on protective basis. Accordingly, revision order quashed.

Taxability of ESOP, ESPP and RSU received from Indian or Foreign Company under Income tax Act, 1961

August 11, 2023 24138 Views 0 comment Print

Explore the tax implications of Employee Stock Option Plans (ESOP), Employee Stock Purchase Plans (ESPP), and Restricted Stock Units (RSU) received from Indian or foreign companies under the Income Tax Act, 1961. Understand the treatment, valuation, and disclosure requirements for unlisted shares in the context of taxation. Stay informed to ensure accurate filing of income tax returns and compliance with regulatory obligations.

Section 115BBE doesn’t apply on excess stock found during search

August 11, 2023 1767 Views 0 comment Print

ITAT Indore held that excess stock was not kept separately and was part of business stock cannot be treated as deemed income u/s 69 or 69B of the Income Tax Act. Accordingly, provisions of section 115BBE of the Income Tax Act are not applicable on the surrendered income on account of excess stock found during the course of search.

Assessing share premium amount u/s 68 is unjustified

August 11, 2023 1320 Views 0 comment Print

ITAT Mumbai held that tax authorities cannot assessee share premium amount under section 68 of the Income Tax Act. Accordingly, addition made u/s 68 is liable to be deleted.

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