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Archive: October, 2023

Posts in October, 2023

ITC Cannot Be Denied merely Based on GSTR 2A & 3B Discrepancies: Kerala HC

October 2, 2023 44293 Views 0 comment Print

Kerala High Court directs readjudication of input tax credit (ITC) claim, stating that discrepancies between GSTR 2A and GSTR 3B alone cannot be grounds for denial

WMT Basis for Calculating Duty on Export of Iron Ore Fines prior to 1.5.2022

October 2, 2023 2703 Views 0 comment Print

Explore the Bagadiya Brothers Pvt. Ltd. vs. Commissioner of Customs (CESTAT Kolkata) case regarding the determination of duty on iron ore fines based on WMT.

Aggrieved party is entitled to receive compensation from party who has broken contract

October 2, 2023 1212 Views 0 comment Print

Supreme Court held that an aggrieved party is entitled to receive compensation from the party who has broken the contract whether or not actual damage or loss is proved to have been caused by the breach.

Writ not entertained as authority empowered u/s. 5 of PMLA Act scrutinized material while passing provisional attachment order

October 2, 2023 1581 Views 0 comment Print

Kerala High Court dismissed the writ petitioner stating that as authority empowered u/s. 5 of PMLA Act scrutinized the materials while passing provisional attachment order and hence it is not justifiable to exercise extraordinary powers under Article 226 of the Constitution of India.

Assessment order passed in case of amalgamated entity is null and void

October 2, 2023 1731 Views 0 comment Print

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed.

Services by non-resident agent for completion of export commitment doesn’t fall under Fee for Technical Services

October 2, 2023 672 Views 0 comment Print

ITAT Chennai held that the services rendered by non-resident agent for completion of export commitment would not fall under the definition for fee for technical services. Hence, disallowance alleging non-deduction of TDS unjustified.

TP Adjustment relating to receipt of brand royalty from AE deleted as brand not owned by assessee

October 2, 2023 1056 Views 0 comment Print

ITAT Mumbai held that the fee paid by the assessee i.e. Tata Consultancy Services towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee. Hence, there cannot be any TP adjustment towards the amount that ought to have been received by the assessee towards brand royalty.

Deduction u/s 80IA(4) of Income Tax Act available to developer of infrastructure facility

October 2, 2023 2766 Views 0 comment Print

ITAT Ahmedabad held that the assessee is engaged in development of the infrastructure facility and therefore, a developer, which confers right of eligibility to the assessee to claim benefits u/s. 80IA(4) of the Income Tax Act. Mere referring assessee as a contractor in the agreement cannot deprive assessee from claiming deduction u/s. 80IA(4).

Resolution plan relating to corporate debtor BBN Foods Hi-Tech Processing Private Ltd. is approved

October 2, 2023 561 Views 0 comment Print

NLCT Chandigarh held that Resolution Plan in respect of corporate debtor BBN Foods Hi-Tech Processing Private Limited being in accordance with Sections 30 and 31 of the Code and complies with Regulations 38 and 39 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 is approved.

Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

October 2, 2023 474 Views 0 comment Print

ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified.

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