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Archive: 26 August 2023

Posts in 26 August 2023

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

August 26, 2023 1848 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).

Disallowance u/s 36(1)(iii) unsustainable as interest bearing funds not utilized for non-business purpose

August 26, 2023 390 Views 0 comment Print

ITAT Ahmedabad held that disallowance of interest under section 36(1)(iii) unsustainable as interest bearing funds were not utilized for non-business purpose and interest free advances were made in the course of business.

Extended period of limitation invoked as facts suppressed with intention to evade payment of tax

August 26, 2023 408 Views 0 comment Print

CESTAT Chennai held that extended period of limitation invoked as appellant suppressed provision of service falling under the category of ‘Erection, Commissioning and Installation’ service with intention to evade payment of tax.

Directions issued to Central & State Commissions for effectuating Section 4 of RTI Act

August 26, 2023 270 Views 0 comment Print

In present facts of the case, the Honble Supreme Court have given directions to the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the RTI Act,

Order passed without assigning any reasons is non-speaking order

August 26, 2023 4614 Views 0 comment Print

CESTAT Delhi held that order passed without assigning any reasons is non-speaking order and, accordingly, the same is bad-in-law and is liable to be set aside.

Merely billing customers for booking of cargo space doesn’t make one a Freight Forwarder

August 26, 2023 1104 Views 0 comment Print

CESTAT Chennai held that merely billing customers for booking of space does not make one a Freight Forwarder. Therefore, the appellant whose activity has failed to establish his credential as a Freight Forwarder is found to satisfy the classification of Business Support Service. Accordingly, demand sustained.

Enforcement of Award cannot be questioned when the Order has attained finality

August 26, 2023 432 Views 0 comment Print

In present facts of the case, the Honble High Court while dismissing the Petition have observed that the order passed in Appeal which has not been challenged by the Petitioner would attain finality, and therefore no fault can be found with the learned Tribunal seeking to enforce the Award in accordance with the law.

Communication of de-canalisation Order within time is must to substantiate non-execution of Contract

August 26, 2023 186 Views 0 comment Print

In present facts of the case, the Appeals were dismissed by Honble Supreme Court and have affirmed the Order of the Arbitral Tribunal wherein de-canalisation order by the Government was not communicated within time.

ICSI: Guideline for Marks Verification & Inspection/Supply of Answer Books

August 26, 2023 5723 Views 0 comment Print

ICSI now offers online application for inspection or supply of certified answer books for the June 2023 CS Exams. Check details, fees, and guidelines

ICSI Merit-Cum-Means Assistance 2023: Financial Aid for CS Students

August 26, 2023 639 Views 0 comment Print

Announcement for Merit-Cum-Means Assistance Scheme, 1983. Get financial aid for the Company Secretaryship Professional Programme. Check eligibility now

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