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Archive: 01 November 2023

Posts in 01 November 2023

Writ not entertained as alternate remedy of appeal available against order and notices issued u/s 153C

November 1, 2023 648 Views 0 comment Print

Kerala High Court held that writ petition not entertained as alternate remedy available with the petitioner since notices and assessment orders issued under section 153C of the Income Tax Act are duly issued within jurisdiction.

Booking fee collected from non-resident airlines not taxable as royalty

November 1, 2023 1017 Views 0 comment Print

ITAT Delhi held that the booking fee received by the assessee from non-resident airlines is taxable as ‘business income’ and not as ‘royalty’ u/s. 9(1)(vi) of the Income Tax Act and Article 13(3) of Indo-Spain DTAA.

Writ not maintainable as order passed by Adjudicating Authority is appealable before Appellate Tribunal

November 1, 2023 1341 Views 0 comment Print

Delhi High Court held that writ petition filed is not maintainable as per provisions of section 26 of the Prevention of Money Laundering Act, 2002 (PMLA) an appeal is to be filed before the Appellate Tribunal against any Order passed by the Adjudicating Authority.

Notification No. 80/2023-Customs (N.T.): Customs Officer Appointments & Adjudication

November 1, 2023 1464 Views 0 comment Print

Notification No. 80/2023-Customs (N.T.) issued by CBIC, New Delhi, appoints officers for adjudication of Show Cause Notices. Learn more in this article.

Income Tax Agreement Between India & Saint Vincent for information Exchange

November 1, 2023 891 Views 0 comment Print

Notification No. 96/2023-Income Tax: Learn about the agreement between India and Saint Vincent for tax information exchange and assistance. Analysis & impact.

Compliance with Service Tax Rules Establishes Service Export in Absence of Intermediary Role

November 1, 2023 996 Views 0 comment Print

Thyssenkrupp System Engineering India Pvt. Ltd. triumphs in CESTAT Mumbai, successfully challenging service tax demand. Key details of the case explained.

ITAT upholds deletion of additions which was made for Fall in GP Ratio

November 1, 2023 672 Views 0 comment Print

ITAT rules in favor of Kortek Electronics: deletes additions for fall in GP ratio. Know more about the ruling & its implications

Income Tax Notification: BPC Penco XVII Corporation Exemption

November 1, 2023 873 Views 0 comment Print

Notification No. 95/2023-Income Tax by the Central Board of Direct Taxes, New Delhi, specifies conditions for tax exemption for BPC Penco XVII Corporation. Learn more in this article.

Deletion of understated sale consideration by CIT(A) without dealing in fundamental aspects cannot be countenanced in law

November 1, 2023 750 Views 0 comment Print

ITAT Delhi held that deletion of additions on account of understated sale consideration based on loose papers, dairy, documents, etc. seized in search action without dealing with the fundamental aspects of the matter by CIT(A) order cannot be countenanced in law. Accordingly, matter restored back to CIT(A) for fresh determination.

One-Time Premium/Salami for Property Interest Transfer Not Subject to Service Tax

November 1, 2023 3921 Views 0 comment Print

CESTAT Kolkata held that one time payment, in the form of Premium or Salami for transfer of interest in the property cannot be equated as rent and hence the same is not exigible to the service tax. Accordingly, demand of service tax set aside.

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