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Archive: 11 October 2023

Posts in 11 October 2023

Non-Disclosure of Interest in Form MBP-1 – MCA imposes Rs. 3 Lakh Penalty

October 11, 2023 4368 Views 1 comment Print

Learn about the penalties imposed by the Ministry of Corporate Affairs (MCA) on N.S.J.L. NIDHI LIMITED for not disclosing interests in Form MBP-1. Analysis, implications, and more.

Section 10(38) Exemption Ineligible for bogus LTCG on Penny Stock Equity Sales

October 11, 2023 2679 Views 0 comment Print

ITAT Kolkata held that exemption under section 10(38) of the Income Tax Act not eligible in respect of long Term Capital Gain from sale of equity shares of penny stock companies listed with Bombay Stock Exchange (BSE).

Additional depreciation on heavy vehicle inadmissible when used in own business & not on hire

October 11, 2023 1146 Views 0 comment Print

ITAT Raipur held that additional depreciation under section 32 of the Income Tax Act on heavy vehicle not admissible when vehicles are used in own business and not on hire.

Exemption from Service Tax under RCM: Service Doesn’t Qualify as Manpower Supply Service

October 11, 2023 2958 Views 0 comment Print

CESTAT Delhi held that receipt of service doesn’t qualify as Manpower Supply Service and hence demand of service tax from service receipt under Reverse Charge Mechanism (RCM) applicable to Manpower Supply Service unsustainable in law and hence liable to be set aside.

Invocation of extended period of limitation unjustified if issue involved is purely interpretational

October 11, 2023 666 Views 0 comment Print

CESTAT Ahmedabad held that the issue involved is of pure interpretation of legal provisions and classification of services therefore, in absence of any no mala fide intentions and suppression of facts with intention to evade payment of service tax, extended period of limitation cannot be invoked.

TP adjustment deleted as ALP of ESOP expenses cannot be taken as NIL

October 11, 2023 1041 Views 0 comment Print

ITAT Mumbai held that TP adjustment in respect of international transaction of reimbursement of Employee Stock Option Plan (ESOP) Expenses deleted as Arm’s Length Price (ALP) of ESOP expenses cannot be taken as NIL.

Addition u/s 68 towards unexplained unsecure loan unsustainable as onus duly discharged

October 11, 2023 1479 Views 0 comment Print

ITAT Delhi held that addition u/s. 68 towards unexplained unsecured loan unsustainable as the onus which lays upon the assessee to explain that the entries made are real and not fictitious, has been duly discharged.

Matter set back to AO to verify source of addition u/s 69C as explained before settlement commission

October 11, 2023 1092 Views 0 comment Print

ITAT Mumbai held that with regard to addition under section 69C of the Income Tax Act it is directed to set the matter back to AO to verify whether the source for the additions made in the hands of the assessee is explained through the settlement made before the settlement commission.

Service Tax Inapplicable to Construction of Residential Complex for JnRUM Works Contract

October 11, 2023 867 Views 0 comment Print

CESTAT Ahmedabad held that the works contract service of construction of residential complex for JawaharLal Nehru Urban Renewal Mission (JnRUM) is not liable to service tax

Penalty u/s 270A unsustainable as non-declaration cannot be equated as underreporting of income

October 11, 2023 1806 Views 0 comment Print

ITAT Mumbai held that penalty under section 270A of the Income Tax Act unsustainable as non-declaration of interest on income tax refund was bona fide and cannot be said to be underreporting of income.

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