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Archive: 01 September 2023

Posts in 01 September 2023

MCA amends LLP Form 3 and Form 4 from 1st September 2023

September 1, 2023 2799 Views 0 comment Print

Vide Limited Liability Partnership (Second Amendment) Rules, 2023 MCA Amends LLP Form No. 3 – Information with regard to Limited Liability Partnership Agreement and changes, if any, made therein and LLP Form No. 4 (Notice of appointment, cessation, change in name/ address/designation of a Designated Partner or Partner and consent to become a Partner/Designated Partner) wef […]

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

September 1, 2023 4851 Views 0 comment Print

Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified.

Unfathomed GST demands on personal guarantee given by Directors

September 1, 2023 5181 Views 0 comment Print

GST audits are being carried out by the department and notices are being issued impetuously, as we are nearing the last date to issue show cause notice for non-fraud cases of FY 2017-18. Out of the many audit points, demanding GST on personal guarantees given by Directors is one of the burning issues.

Detention of goods for non-issuance of credit note unwarranted

September 1, 2023 1407 Views 0 comment Print

Madras High Court held that Credit note u/s 34 of the Central Goods and Services Tax Act, 2017 not required when goods were being returned without even being received by the recipient. Accordingly, detention of goods for non-issuance of Credit note unwarranted.

Corporate Guarantee: An Emerging Suit Under GST

September 1, 2023 7026 Views 1 comment Print

A corporate guarantee is a contract between a corporate entity or individual and a debtor. In this contract, the guarantor takes responsibility for the debtor’s obligations, such as repaying a debt.

Software licence fee reimbursement not taxable as no Permanent Establishment in India

September 1, 2023 1173 Views 0 comment Print

ITAT Delhi held that software licence fee received as reimbursement, in absence of a Permanent Establishment in India, is not taxable. Accordingly, addition towards the same deleted.

Existence of business exigency needs to be proved for payments in cash to avoid addition u/s 40A(3)

September 1, 2023 936 Views 0 comment Print

ITAT Bangalore remanded the matter back to AO for fresh consideration as assessee didn’t proved existence of business exigency in making payment in cash and AO didn’t carried necessary enquiry before making addition u/s 40A(3) of the Income Tax Act.

Detailed enquiry requested by NCLAT as approaching court with fabricated document become rampant

September 1, 2023 618 Views 0 comment Print

NCLAT Delhi requested the Secretary, Ministry of Corporate Affairs, Govt of India to get detailed enquiry/ investigation by an appropriate authority/agency as in number of court proceedings the parties are coming with fabricated document.

Addition u/s 68 merely based on suspicion unsustainable

September 1, 2023 1566 Views 1 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained expenditure merely on the basis of suspicion without any other support is unsustainable in law.

Exemption u/s 10(23C)(vi) denied as condition ‘solely for educational purposes’ not fulfilled

September 1, 2023 1269 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s. 10(23C)(vi) of the Income Tax Act justified as assessee trust having multiple objects doesn’t satisfy the condition of ‘solely for educational purposes’.

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