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Archive: 05 September 2023

Posts in 05 September 2023

AO Can’t Make Tax Addition Based on Mere DDIT Suspicion Without Evidence

September 5, 2023 873 Views 0 comment Print

An in-depth analysis of ITAT Mumbai’s landmark decision in the case of ITO vs Kamalesh Mohandas Lakhwani. Explore why mere suspicion isn’t enough for additions under Section 69B of the Income Tax Act.

Company penalised for Incomplete EGM Notice on Independent Director Appointment

September 5, 2023 1263 Views 0 comment Print

The Ministry of Corporate Affairs (MCA) has imposed penalties on United Telecoms Limited for violations related to an Extraordinary General Meeting (EGM) notice. The case revolves around the failure to include a statement regarding the proposed independent director’s qualifications. This article discusses the details of the violation and the penalties imposed. Detailed Analysis United Telecoms […]

Dismissal of appeal by Tribunal without hearing matter on merits unjustified

September 5, 2023 615 Views 0 comment Print

Bombay High Court held that dismissal of appeal without hearing the case on merits merely on the ground that matter is remanded back by Commissioner (A) unjustified as remand was only for limited purpose of re-quantification of customs duty.

Exemption u/s. 54 unjustified as benefit claimed on different document and later transaction completed differently

September 5, 2023 705 Views 0 comment Print

ITAT Mumbai held that assessee claimed benefit u/s 54 on a different document, whereas ultimately the transaction completed on altogether a different set of conditions and property, which is not permissible to claim benefit u/s. 54 of the Act. Accordingly, benefit u/s. 54 denied.

Royalty or technical charges income of non-resident taxable in India on receipt basis under India-Switzerland DTAA

September 5, 2023 642 Views 0 comment Print

ITAT Bangalore held that in case of non-resident, income arising in India by way of royalties or technical charges could be taxed in India but that could be only on the receipt basis under India-Switzerland DTAA and not on accrual basis.

Transfer of reserve created out of tax paid profit is not mistake rectifiable under section 154

September 5, 2023 1239 Views 1 comment Print

ITAT Jodhpur held that merely by transferring the reserve created out of the tax paid profit subsequently transferred to capital account of the firm is not a mistake apparent on record and cannot be rectified under the guise of provision of section 154 of the Act

Service tax demand under reverse charge for IPR registered in foreign country unsustainable

September 5, 2023 555 Views 0 comment Print

CESTAT Chandigarh held that service tax demand under reverse charge mechanism unsustainable in case the IPR is registered in any foreign country and is not registered in India.

Delhi HC restricts Set-off of Tax Refunds Against Disputed Demands at 20%

September 5, 2023 1557 Views 0 comment Print

Delhi HC rules in favor of Jindal Stainless LTD in a tax dispute against DCIT. The court directs the release of excess tax adjustments, limited to 20% of disputed demands. Learn what this means for businesses facing similar tax disputes.

CESTAT Sets Aside Tax Demand: Job Fabrication Not Manpower Recruitment Service

September 5, 2023 306 Views 0 comment Print

A deep dive into CESTAT Ahmedabad verdict in Hitech Industries Vs C.S.T.-Service Tax. The tribunal clarified that job fabrication does not fall under the category of Manpower Recruitment or Supply Agency Service, setting aside Service Tax demand.

Waiver of Loan Not Cessation of Trading Liability under Section 41(1): ITAT Delhi

September 5, 2023 912 Views 0 comment Print

Analysis of ITAT Delhis ruling in Luxor Writing Instruments (P) Ltd Vs DCIT. The tribunal clarifies that the waiver of a loan does not amount to cessation of trading liability under Section 41(1) of the Income Tax Act.

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