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Archive: 23 October 2023

Posts in 23 October 2023

Madras High Court Sets Aside Order Passed Without Hearing Petitioner

October 23, 2023 630 Views 0 comment Print

Explore the recent decision of the Madras High Court in Erode District Tractor Owners Association Vs PCIT concerning an order passed under Section 264 of the Income Tax Act, 1961. The court sets aside the order and calls for a fresh decision.

Non-Appointment of Women Director: MCA imposes 4.85 Lakh Penalty

October 23, 2023 8547 Views 0 comment Print

Learn about penalty imposed by MCA for violating the appointment of a women director rule under Section 149(1) of the Companies Act, 2013.

No Denial of Concessional Tax Rate Due to Technical Glitch on ITBA portal

October 23, 2023 960 Views 0 comment Print

Explore the recent Gujarat High Court judgment in PCIT Vs KGY Glass Industries (P) Ltd regarding the denial of concessional tax rate due to a technical glitch in filing Form 10-IC under section 115BAA for AY 2020-21.

Cenvat credit of entire input service available even if portion of service is used in manufacture of exempt goods

October 23, 2023 393 Views 0 comment Print

CESTAT Mumbai held that rule 6(5) of Cenvat Credit Rules, 2004 provides for availment of entire amount of credit of input services even though certain portion must have been used in manufacture of exempted goods.

Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’

October 23, 2023 570 Views 0 comment Print

CESTAT Mumbai held that rule 10A of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 [valuation rules] is effected only when inputs are supplied and sale is effected to the buyer by the Principal Manufacturer. Thus, Rule 10A of valuation rules doesn’t come into play for all manner of ‘job-work’.

Matter relating to expression ‘vacant land’ in Urban Land (Ceiling and Regulation) Act placed before Hon’ble Chief Justice

October 23, 2023 1569 Views 0 comment Print

Supreme Court concluded that the matter relating to true construction, meaning and import of the expression ‘vacant land’ contained in Section 2(q) of the Urban Land (Ceiling and Regulation) Act, 1976 should be placed before Hon’ble the Chief Justice of India for appropriate directions.

Tax Implications on Stewardship Activities

October 23, 2023 3294 Views 0 comment Print

Understand what qualifies as ‘stewardship activities’ for taxation in India with the Supreme Court’s single-entity approach. Taxes on stewardship activities, Morgan Stanley & Co v India judgement explained

Revenue not allowed to add reasons to reasons recorded at the time of reopening notice u/s 148

October 23, 2023 768 Views 0 comment Print

Bombay High Court held that the reopening notice can be sustained only on the basis of the ground mentioned in the reasons recorded. It is not open to the revenue to add and/or supplement later the reasons recorded at the time of reopening notice. Accordingly, reassessment proceedings set aside.

RBI Governor on Economic Impact & Stability

October 23, 2023 531 Views 0 comment Print

Explore RBI Governor’s insights on economic impact and the necessity of both price and financial stability, highlighting India’s role in the global financial landscape.

Receipts doesn’t qualify as FIS under India-USA DTAA as service rendered without transfer of technical know-how

October 23, 2023 603 Views 0 comment Print

ITAT Delhi held that services are rendered without transfer of technical knowledge, skill, know-how, etc. and accordingly the receipts doesn’t qualify as FIS (Fees for Included Services) under Article 12(4)(b) of the India – USA Double Taxation Avoidance Agreements (DTAA).

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