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Archive: 09 October 2023

Posts in 09 October 2023

Assessment order passed against struct off company is void

October 9, 2023 2217 Views 0 comment Print

Read full text of judgment in Pandian Anbalagan Vs ITO case. Madras High Court rules the assessment order against a struck-off company as void, highlighting need for revival.

Non application of mind – HC Quashes Assessment Order

October 9, 2023 1527 Views 0 comment Print

Read full text of judgment in the case of K. Sivasubramaniam (Deceased) vs ITO by Madras High Court. Detailed analysis of assessment order, brokers’ payments, and a clear non-application of mind in impugned order

Medical Negligence to be proved According to Apex Court Standards: NCDRC

October 9, 2023 651 Views 0 comment Print

In present facts of the case, the National Commission while dismissing the Complaint observed that in the absence of any omission, rashness negligence much less gross negligence the allegation made against the Opposite Parties have not been established and hence no relief could be made out.

Receipt from centralized service is not in nature of FTS hence not taxable in India

October 9, 2023 627 Views 0 comment Print

ITAT Delhi held that revenue received by the assessee for providing centralized services is not in the nature of Fee for Technical Services (FTS) u/s. 9(I)(vi) Explanation of Income Tax Act, but it is a business income and since assessee is not having PE in India, the same is not taxable.

No assessment can be reopened merely on the basis of change of opinion

October 9, 2023 1437 Views 0 comment Print

Bombay High Court held that no assessment can be reopened merely on the basis of change of opinion. Accordingly, initiation of re-assessment proceedings under section 148 of the Income Tax Act is unsustainable in law.

TP Adjustment for AMP Expenditure deleted due to Lack of Brand Promotion Agreement with AE

October 9, 2023 390 Views 0 comment Print

ITAT Mumbai held that there was no express arrangement / agreement between the assessee and the AE for incurring advertisement, marketing and promotional expenses (AMP) to promote the brand of the AE and hence the said transactions would not constitute international transaction relating to AMP expenditure. Thus, TP adjustment deleted.

Resolution plan of Superdrawn Industries Private Limited stands approved

October 9, 2023 360 Views 0 comment Print

NCLT Ahmedabad held that the resolution plan submitted by the Resolution Professional of Superdrawn Industries Private Limited (Corporate Debtor) stands approved at it has been approved with 100% voting share and plan meets the requirement of being viable and feasible.

Section 14A gets applicable when shares are held as stock-in-trade and dividend income is exempt u/s. 10(34)

October 9, 2023 1086 Views 0 comment Print

ITAT Ahmedabad held that the applicability of Section 14A is triggered when the shares are held as ‘stock-in-trade’ and by virtue of section 10(34) dividend income is not to be included in total income and is exempt from tax.

IRDAI’s Modification: Allowing Reverse Factoring in Trade Credit Insurance

October 9, 2023 507 Views 0 comment Print

IRDAI introduces a modification to Trade Credit Insurance Guidelines, enabling reverse factoring transactions on TReDS platforms, aiding financiers and insurance companies.

Disallowance of input tax credit unsustainable as tax has been paid to Government

October 9, 2023 21030 Views 0 comment Print

Kerala High Court held that since the period involved is 2017-2018 when the GST regime was rolled out, there was difficulty in understanding GST. Further, tax is paid to the Government for which input tax credit is claimed. Hence, disallowance set aside.

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