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Archive: 31 August 2023

Posts in 31 August 2023

TDS u/s 195 not deductible on commission paid to foreign agents for procurement of orders

August 31, 2023 2139 Views 0 comment Print

ITAT Delhi held that commission paid to foreign agents for procurement of orders do not fall under Technical, Managerial or consultancy services. Accordingly, TDS not deductible on commission paid to such foreign agents.

Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 753 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 1818 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Report of expert committee on ‘Onshoring Indian Innovation to GIFT IFSC’

August 31, 2023 819 Views 0 comment Print

A Committee of Experts to ‘Onshoring Indian Innovation to GIFT IFSC’ constituted by IFSCA submitted its report to Chairperson, IFSCA on August 14, 2023.

Proposed Amendments on IFSC Insurance Office Investment Regulations 2023

August 31, 2023 426 Views 1 comment Print

Overview of proposed amendments by IFSCA for investments by International Financial Service Centre Insurance Office in 2023. Participate in public consultation.

Suspension of initiation of CIRP applies to date of default

August 31, 2023 537 Views 0 comment Print

NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.

Revisionary power u/s 263 rightly invoked as order erroneous and prejudicial to interest of revenue

August 31, 2023 414 Views 0 comment Print

ITAT Mumbai held that revisionary powers under section 263 of the Income Tax Act rightly invoked by PCIT as order of assessing officer is erroneous and prejudicial to the interest of revenue.

Additional disallowance without converting limited scrutiny to complete scrutiny unsustainable

August 31, 2023 741 Views 0 comment Print

ITAT Bangalore held that disallowance of deduction claimed u/s 54F unjustified as no steps were taken to convert the limited scrutiny into complete scrutiny. Accordingly, disallowance deleted.

Customs authorities cannot counter once licencing authorities are satisfied that licencing conditions are fulfilled

August 31, 2023 357 Views 0 comment Print

CESTAT Chennai held that once the licencing authority has found that the licencing conditions have been fulfilled, it would not be open to the customs authorities too contend that the imports under the licence are contrary to law.

Payments towards Interconnectivity Utility Charges not royalty/ FTS hence not taxable

August 31, 2023 513 Views 0 comment Print

ITAT Bangalore held that payments received by assessee towards interconnectivity utility charges from Indian customers / end users cannot be considered as Royalty / FTS to be brought to tax in India under section 9(1)(vi)/(vii) of the Act and also as per DTAA.

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