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Archive: 30 September 2023

Posts in 30 September 2023

Unlocking Growth: Interest on Un-Utilized ITC Under CGST Act

September 30, 2023 1449 Views 0 comment Print

Learn how interest on un-utilized Input Tax Credit (ITC) under the CGST Act can boost business liquidity and foster economic growth in India.

Taxable services provided for transmission and distribution of electrical energy is exempt from service tax

September 30, 2023 1704 Views 0 comment Print

CESTAT Chennai held that all taxable services provided for the transmission and distribution of electrical energy are exempt from the liability to service tax during the impugned period. Accordingly, demand of service tax, interest and penalty set aside.

Disallowance of interest u/s 36(1)(iii) unjustified as interest bearing funds not used for purchase of land

September 30, 2023 1260 Views 0 comment Print

ITAT Bangalore held that disallowance of interest u/s. 36(1)(iii) of the Income Tax Act unjustified as interest bearing funds not utilized towards purchase of capital assets (i.e. land).

Broadcasting Reproduction Right not covered under definition of Royalty under Article 12 of India-USA DTAA

September 30, 2023 525 Views 0 comment Print

ITAT Mumbai held that Broadcasting Reproduction Right is not covered under the definition of Royalty under the Income Tax Act as well as Article 12 of the India-USA DTAA.

Himachal Pradesh Sadhbhawana Legacy Cases Resolution Scheme, 2023 (3rd Phase)

September 30, 2023 828 Views 0 comment Print

Government of Himachal Pradesh on 30.09.2023 notifies 3rd phase of legacy scheme named Himachal Pradesh Sadhbhawana Legacy Cases Resolution Scheme, 2023 and the same is applicable for: (a) settlement of any additional demand pending for recovery which is pertaining to a financial year or any return period in respect of which assessment has been made, […]

Indo-Nepal Remittance Facility scheme- FAQs

September 30, 2023 5686 Views 0 comment Print

Explore frequently asked questions (FAQs) about the Indo-Nepal Remittance Facility (INRF) Scheme, including features, limits, documents, and more.

Other method in rule 10AB is most appropriate method in case of royalty transactions

September 30, 2023 1437 Views 0 comment Print

ITAT Mumbai held that “other method” provided in Rule 10AB r.w.s. 92C (1) would be a good substitute for CUP as there is lack of reliable comparables in case of royalty transactions as royalty payments have been made for unique intangibles

Dividend received by company having PE in Oman is not taxable in India

September 30, 2023 774 Views 0 comment Print

Supreme Court held that dividend received by the Indian company having permanent establishment in Oman is not taxable in India in terms of Article 25 read with Article 8 (bis) of the Omani Tax Laws

Proviso to section 25(1) of Kerala VAT cannot extend limitation period fixed under main provision

September 30, 2023 1566 Views 0 comment Print

Supreme Court held that a proviso cannot militate against the intention of the main provision in sub-section (1) of Section 25 of Kerala Value Added Tax Act and thus a proviso cannot extend the limitation period which is fixed under the main provision.

Section 271(1)(c) penalty cannot be imposed merely for incorrect income head treatment

September 30, 2023 20376 Views 0 comment Print

In a significant decision, ITAT Mumbai rules in favor of D.C. Polyester Ltd., stating that penalties under Section 271(1)(c) of the Income Tax Act cannot be imposed for incorrect income head treatment.

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