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Archive: August, 2023

Posts in August, 2023

Company Name Availability vs. Name Change under Companies Act, 2013

August 23, 2023 1848 Views 0 comment Print

Learn distinctions between securing a company name under Section 4 and changing a name under Sec 13 of Companies Act, 2013. Explore processes and legal requirements

Delay in Filing MGT-14 – MCA imposes Rs. 3.28 Lakh Penalty

August 23, 2023 951 Views 0 comment Print

Learn about the penalty imposed by MCA on Shri Ram Nidhi Limited for delaying MGT-14 filing under Companies Act, 2013, Section 117. Details and consequences discussed.

E-Commerce Operators under GST: Guidelines, Compliance & Notifications

August 23, 2023 27120 Views 1 comment Print

Understand the concept of E-Commerce under GST, its compliance requirements, and recent notifications for E-Commerce operators in India.

Reputation Protection Costs deductible under Section 37 of Income Tax Act

August 23, 2023 1776 Views 0 comment Print

ITAT Delhi ruling on ACIT vs. Liberty Shoes Ltd. case. Expenditure to avoid reputation damage and litigation costs allowed as valid business expense under Section 37 of Income Tax Act.

CIT (A) cannot enhance taxable income based on issues not considered by AO

August 23, 2023 2223 Views 0 comment Print

Read a detailed analysis of case of Apeejay Shipping Ltd. vs ACIT in ITAT Kolkata regarding jurisdiction of CIT (A) to raise new tax issues and enhance taxable income.

Roasted areca/ betel nut is specifically covered under CTH 2008 19 20

August 23, 2023 4011 Views 0 comment Print

Madras High Court held that CTH 2008 19 20 specifically covers roasted areca nut / betel nut, accordingly, when there is a specific entry covering a product/commodity, the test of common parlance is irrelevant in determining classification.

Royalty for technology use should be aggregated with other international transactions in manufacturing segment

August 23, 2023 1602 Views 0 comment Print

Bombay High Court held that the transaction of payment of royalty for use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking the same 

Rejection of Extension application for Export Time after 2½ Years Unsustainable

August 23, 2023 900 Views 0 comment Print

Chhattisgarh High Court held that an application for extension of time by exporter to make exports beyond the period of 6 months was rejected by the department after more than 2 ½ years. Accordingly, exporters granted benefit of rebate of excise duty paid on excisable goods exported beyond time limit of 6 months.

Departmental authorities cannot question validity of Tax Residency Certificate

August 23, 2023 1392 Views 0 comment Print

ITAT Delhi held that that the departmental authorities cannot question the validity of Tax Residency Certificate. Once the assessee holds a valid TRC, it proves the residential status of the assessee as resident of Mauritius, hence, it will be eligible to treaty benefits.

Sale of Land: Not Business Income Without Trade Indicators – ITAT Ahmedabad

August 23, 2023 2667 Views 0 comment Print

ITAT Ahmedabad held that treating transaction of sale of land as business income without any base which indicates that the transaction would be an adventure in the nature of trade. Hence, AO rightly treated sale of land as capital gain.

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