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Archive: October, 2023

Posts in October, 2023

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

October 9, 2023 1341 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 1221 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 21360 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.

Revisionary Jurisdiction can be exercised only on prima facie Jurisdictional Error: NCDRC

October 9, 2023 1560 Views 0 comment Print

In present facts the National Commission dismissed the Appeal by observing that the scope in a Revision Petition is limited. Such powers can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order.

De-requisition of land that is vested with State is unsustainable

October 9, 2023 1395 Views 0 comment Print

Calcutta High Court held that the land once vested with State cannot be derequisitioned nor any further acquisition proceedings lie under the Land Acquisition Act, 1894.

Proportionate municipal tax paid to society allowable against house property income

October 9, 2023 1515 Views 0 comment Print

ITAT Mumbai held that in case municipal tax receipts are in name of land lord and ownership of flats are with society and taxes are borne by the society and collects proportionate taxes from flat owner. Then, municipal tax so paid is allowable as expenditure u/s 24 of the Income Tax Act.

Transfer pricing provisions not apply to operations carried through qualifying ships

October 9, 2023 1002 Views 0 comment Print

Held that the transfer pricing provisions are not applicable to the assessee to the extent of operations carried out through operating qualifying ships where the income is taxed under Tonnage Tax Scheme.

Demand alleging non-production of documents unsustainable as records taken away by DRI

October 9, 2023 531 Views 0 comment Print

CESTAT Ahmedabad held that as DRI just prior to investigations by DGCEI took away all records pertaining to the import of scrap, the manufacturer cannot be expected to produce documents showing transport and receipt of the goods in the factory. Accordingly, demand of Cenvat alleging non-receipt of inputs set aside.

ITAT upheld addition for share premium exceeding fair market value: Section 56(2)(viib)

October 9, 2023 2076 Views 1 comment Print

ITAT Bangalore held that the share premium received by the company is in excess of fair market value of the share, the addition thus made u/s. 56(2)(viib) of the Income Tax Act is found to be just and proper.

Scope of verification in limited scrutiny not extendable to other issues

October 9, 2023 1128 Views 0 comment Print

ITAT Pune held that as the case was selected for limited scrutiny and the same was not converted into complete scrutiny, the scope of verification of AO cannot be extended to other issues/matter. Accordingly, appeal allowed.

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