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Archive: 19 August 2023

Posts in 19 August 2023

Onions Export Duty Set at 40% till 31st Dec 2023: Notification No. 48/2023-Customs

August 19, 2023 4743 Views 0 comment Print

Ministry of Finance issues Notification No. 48/2023-Customs, imposing an effective export duty rate of 40% on onions until December 31, 2023.

Amendment to Customs Tariff Act: Export Duty on Onions Imposed

August 19, 2023 1425 Views 0 comment Print

Ministry of Finance’s Notification No. 47/2023-Customs amends Second Schedule to Customs Tariff Act, imposing 50% export duty on onions.

Claim of appellant during CIRP based on forged document is duly rejected

August 19, 2023 1902 Views 0 comment Print

NCLAT Delhi held that claim of the appellant, to Interim Resolution Professional (IRP) during the process of CIRP, duly rejected as the claim was based on MOU/ agreement which were forged document.

Income from technical handling services from IATP members not taxable in India

August 19, 2023 888 Views 0 comment Print

ITAT Delhi held that the income from technical handling services received from ‘International Airlines Technical Pool (IATP) members is not taxable in India as it is covered under Article 8(2) r.w. Article 8(1) of India-France DTAA.

Receipts from sale of software licenses are not royalty income

August 19, 2023 1284 Views 0 comment Print

ITAT Delhi held that the receipts from sale of software licenses are not in the nature of royalty income. Also held that, though, such income may be in the nature of business profit, however, no part of which can be attributed to the PE in India.

Notice issued u/s 153C without valid satisfaction notice is bad-in-law

August 19, 2023 4563 Views 0 comment Print

ITAT Jaipur held that in absence of a valid satisfaction note the notice issued under Section 153C of the Income Tax Act 1961 is bad in law. Resultantly the assessment order passed u/s 143(3) r.w.s. 153C of the Act is void ab initio and liable to be quashed.

Remedies against ‘Oppression and Mismanagement’ are non-arbitral and can be adjudicated by NCLT/ NCLAT

August 19, 2023 4560 Views 0 comment Print

NCLAT Delhi held that reliefs prayed for in the Company Petition against ‘Oppression and Mismanagement’ could only be adjudicated by a Court/Tribunal of competent jurisdiction, which in the present case is the NCLT/NCLAT under Sections 241 & 242 of the Act.

NCLT can initiate insolvency proceedings of Personal Guarantors even when no CIRP pending against Corporate Debtor

August 19, 2023 2403 Views 0 comment Print

NCLAT Chennai held that National Company Law Tribunal (NCLT) has jurisdiction to initiate insolvency proceedings of Personal Guarantors even when no Corporate Insolvency Resolution Process (CIRP) Proceedings is pending against Corporate Debtor.

SC to Decide on GST Implications of Immovable Property: Next Hearing on August 23

August 19, 2023 13965 Views 0 comment Print

Commissioner of Central Goods And Service Tax & Ors Vs Safari Retreats Private Limited & Ors (Supreme Court of India) The Supreme Court of India heard the case Chief Commissioner of Central Goods And Service Tax & Ors. v. M/s. Safari Retreats Private Limited & Ors. [Civil Appeal No. 2948/202] on August 17, 2023. The […]

Decoding Income Tax Audits: Section 44AB

August 19, 2023 13113 Views 0 comment Print

Explore the essential aspects of Income Tax Audits in India under Section 44AB. This guide breaks down the basics, objectives, applicability, forms, due dates, and penalties associated with non-compliance. Learn who is subject to tax audits, the forms and due dates, and the penalties for non-compliance. Ensure accurate financial reporting, adherence to tax laws, and prevention of fraudulent practices within the tax ecosystem. Disclaimer: For accurate guidance, consult with a qualified tax professional or legal expert.

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