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Archive: October, 2023

Posts in October, 2023

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

October 11, 2023 1380 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 2076 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 2247 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 2091 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 1602 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 2874 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.

Members of Railway Protection Force would be considered as Workmen under Workmen Compensation Act

October 11, 2023 870 Views 0 comment Print

Commanding Officer Vs Bhavnaben Dinshbhai Bhabhor & Others (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court held that family members of deceased Constable in the Railway Protection Special Force would be entitled to Compensation under Workmen Compensation Act, 1923 as he would be considered as a “Workman” under […]

MCA Imposes Penalty for Non-filing of INC-20A Declaration

October 11, 2023 5364 Views 0 comment Print

Explore the adjudication proceedings against SRN BPO Services Pvt Ltd under Section 10A of Companies Act, 2013. Analysis of penalties, non-compliance, and implications

Payments to doctors by a hospital- Salary or Professional charges

October 11, 2023 9471 Views 0 comment Print

Explore the case of ACIT (TDS) Vs Victor Hospitals & Medical Services Limited, where the ITAT Panaji determined TDS under Section 194J for consultant doctors.”

New RCM for Indian Exporters from 01/10/23: Place of Supply Changes

October 11, 2023 19806 Views 1 comment Print

From 01/10/23, Indian exporters face a new reverse charge mechanism (RCM) on specific services. Learn how the place of supply rules have changed.

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