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Archive: 26 August 2023

Posts in 26 August 2023

CBI Cases: Superintendent of Customs & Companies Under Scrutiny

August 26, 2023 1503 Views 0 comment Print

CBI investigates a former Superintendent, Bond Section, JNCH Raigad & private firms over alleged conspiracies causing government revenue loss.

Recent Suicide Case: What Is More Important – Human Life or Recovery of Debt?

August 26, 2023 2262 Views 0 comment Print

Examining the critical question: Human life or debt recovery? The recent alleged suicide case of Nitin Desai highlights the emotional toll of recovery actions by financial institutions. The article delves into the legal frameworks governing debt recovery, the impact on mental health, and the need for a humane approach.

Procedure for Company Strikeoff from Register of Companies

August 26, 2023 6063 Views 0 comment Print

Explore detailed process of company strikeoff, including registrar’s powers, voluntary strikeoff procedures, and critical considerations. Know your legal obligations.

Tax Audit under Income Tax Act,1961

August 26, 2023 5319 Views 0 comment Print

Explore intricacies of Tax Audit under Income Tax Act 1961. Dive deep into its applicability, tax report components, filing deadlines, penalties, and more.

Initiation of proceedings u/s 153C based on loose sheets seized from third party unsustainable

August 26, 2023 2376 Views 0 comment Print

ITAT Delhi held that initiation of proceedings u/s 153C of the Income Tax Act based on seized dumb documents found in the premises of third party is unsustainable in law as the seized documents are merely loose sheets not forming part of the books of account of the assessee and that they do not constitute admissible evidence.

Mere rendering of service without transfer of technical knowledge is not Fees for Technical Service

August 26, 2023 1458 Views 0 comment Print

Gujarat High Court held that mere rendering of services cannot be roped into Fees for Technical Service (FTS) unless the person utilizing the services is able to make use of the technical knowledge etc. Simple rendering of services is not sufficient to qualify as FTS.

Sanitaryware meant for use in kitchen, toilets or bathroom falls under Chapter 74

August 26, 2023 2016 Views 0 comment Print

Delhi High Court held that Sanitaryware meant for use in the kitchen, toilets or bathroom and although it may portray some art work in its designs, it is not artwork or handicraft Therefore, duty drawback could only be claimed in category of goods falling Chapter 74 vide item No. 741802.

Tribunal doesn’t have jurisdiction to prescribe rate of interest for refund

August 26, 2023 816 Views 0 comment Print

CESTAT Allahabad held that tribunal has no jurisdiction to prescribe the rate of interest which is prescribed by the Government of India in terms of Notification issue under Section 11BB of the Central Excise Act, 1944.

Income from pension scheme exempt u/s. 10(23AAB) of Income Tax Act

August 26, 2023 7536 Views 0 comment Print

ITAT Mumbai held that surplus/ income from pension scheme/ business is exempt under section 10(23AAB) of the Income Tax Act.

Section 36(1)(vii) doesn’t require to establish that debts have become bad before writing off

August 26, 2023 2463 Views 0 comment Print

ITAT Mumbai held that post amendment to provisions of section 36(1)(vii) of the Income Tax Act as effective from 1st April 1989, the Act does not require the assessee to establish that the debts have in fact become bad before writing off. Accordingly, addition with regard to disallowance of claim of write off of bad debts duly deleted by CIT(A).

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