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Archive: 17 August 2023

Posts in 17 August 2023

IBC Failures and Success: Insights and Recommendations

August 17, 2023 1344 Views 0 comment Print

Explore the successes and failures of India’s Insolvency and Bankruptcy Code (IBC), its impact on the economy, and strategic recommendations for improvement. Learn about realisation rates, timeline challenges, and potential solutions for a more effective insolvency framework.

Tax Clearance Certificate under Income Tax Act

August 17, 2023 21840 Views 2 comments Print

Understand the income tax rules for individuals departing India. Learn about the forms and procedures for obtaining tax clearance and no objection certificates. Find out the necessary information for domiciled and non-domiciled individuals.

Situations in which ITC can be recovered from purchaser : Calcutta HC

August 17, 2023 2751 Views 0 comment Print

Understand recent Calcutta High Court ruling on recovering Input Tax Credit (ITC) from purchasers. Analysis of judgment and its implications. Learn when tax department can proceed against buyers.

Expense incurred for earning only exempt income is not allowable as deduction

August 17, 2023 804 Views 0 comment Print

ITAT Mumbai held that expenditure claimed by the assessee relating to earning of only exempt income is not allowable as deduction. Accordingly, the whole expenditure incurred for earing exempt income cannot be allowed to carryforward.

Benefit of ambiguity or doubt would go to Consumer under Consumer Protection Act: NCDRC

August 17, 2023 765 Views 0 comment Print

In present facts of the case, it was held by the National Commission that Consumer Protection Act being a beneficial legislation, benefit of ambiguity/doubt needs to go to the Consumer.

Adoption of lower FMV based on DVO report unjustified as specific feature of property not considered

August 17, 2023 1431 Views 1 comment Print

ITAT Delhi held that there is no justification of adopting lower Fair Market Value (FMV) merely on the basis of DVO report as DVO has failed to consider the specific features of the property commanding higher value.

Invocation of section 263 unjustified as order not prejudicial to revenue

August 17, 2023 723 Views 0 comment Print

ITAT Mumbai held that since the impugned MTM loss was duly reversed in the subsequent year and offered to tax, revisionary proceedings invoked under section 263 of the Income Tax Act cannot be sustained as there is no prejudice to the revenue.

No Tax on Income of company registered in Isle of Man received as principal from its agent in India

August 17, 2023 381 Views 0 comment Print

ITAT Mumbai held that services provided by Indian Company to company registered in Isle of Man (i.e. non-resident company) under Canvasser Agent Agreement, on principal-to-principal basis not taxable in India.

Deposit of cash sales in bank cannot be treated as deposit out of undisclosed income

August 17, 2023 3975 Views 0 comment Print

ITAT Mumbai held that cash sales accepted and then deposit of said cash in bank account cannot be treated as deposits made out of any undisclosed income. Accordingly, addition under section 68 unsustainable.

Contract involving both supply of raw material and provision of service is works contract taxable from 01.06.2007

August 17, 2023 570 Views 0 comment Print

CESTAT Ahmedabad held that single invisible contract involving supply of raw material and construction activity is classified under works contract hence taxable only from 01.06.2007. However, in case of divisible works contract clearly defining value of service portion and raw material is classifiable under ‘Commercial and Industrial Construction’ prior to 01.06.2007.

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