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Archive: 16 December 2023

Posts in 16 December 2023

TDS u/s 194J and not u/s 192B applicable on payment made to Consultant/Retainer Doctors

December 16, 2023 1737 Views 0 comment Print

No TDS under Section 192B on payments made to consultant doctors and retainer doctors as the provisions of section 194J applied to the retainer-doctors and not those of section 192B after noting differences between the two types of agreements i.e. salaried doctors and doctors appointed on retainership basis and the certain clauses in contract with retainers which gave the erroneous impression to AO of creating an employer-employee relationship had been explained by assessee that they did not create such a relationship.

No revision u/s 263 on account of income received from Fly Ash and Cenosphere

December 16, 2023 612 Views 0 comment Print

While granting relief to NTPC, the proceeding under Section 263 could not be initiated on account of income received from the fly ash and cenosphere  as in view of the notification of the Government the fly ash fund transferred to NTPC Ltd.

Insolvency Proceedings cannot be filed against SpiceJet in absence of Privity of Contract

December 16, 2023 438 Views 0 comment Print

Servicer of aircraft lessors had no locus standi to file insolvency proceedings against SpiceJet in absence of privity of contract as it was only the Servicer and Administrative Agent of the respective lessors and had inter-se arrangement with lessors in form of Servicing Agreements and applicant was not a ‘Operational Creditor’ in the instant case.

Entire amount of pre-deposit not to be paid from Electronic Cash Ledger for filing appeal under Amnesty Scheme

December 16, 2023 1152 Views 0 comment Print

Patna High Court allows appeal under Amnesty Scheme with pre-deposit from Electronic Credit Ledger, stating it’s maintainable. Decision amid Supreme Court stay on conflicting judgment.

Taxation on Non-Convertible Debenture (NCDs)

December 16, 2023 4023 Views 0 comment Print

Discover the taxation nuances of non-convertible debentures (NCDs) – from interest income and TDS implications to capital gains and redemption proceeds. Understand the tax treatment for both listed and unlisted securities, helping you make informed investment decisions

ITC claimed by the Recipient cannot be denied without conducting due diligence of Supplier

December 16, 2023 41574 Views 0 comment Print

Supreme Court dismisses a petition, affirming the Calcutta High Court’s order that ITC reversal demands cannot stand without proper inquiry into the supplier’s actions.

Initiation of proceedings under IBC against Airport Authority of India unjustified

December 16, 2023 300 Views 0 comment Print

NCLT Hyderabad Held that Airport Authority of India being a statutory body created under Airport Authority of India Act, 1944, does not come under the definition of ‘corporate person’ u/s. 3(7) of IBC. Therefore, proceedings under IBC could not have been initiated against them.

Fee received for registration of domain name of third party cannot be treated as royalty

December 16, 2023 1017 Views 0 comment Print

Delhi High Court held that Godaddy.com (appellant) had granted rights in or transferred the right to use its domain to a third party. Therefore, the fee received by Godaddy.com for registration of domain name of third parties cannot be treated as royalty.

Penalty u/s. 56(4)(b) of Bihar VAT Act duly imposed for mentioning of wrong invoice number in SUVIDHA form

December 16, 2023 378 Views 0 comment Print

Patna High Court held that penalty is imposable under section 56(4)(b) of the Bihar Value Added Tax Act, 2005 (Bihar VAT Act) on account of clerical mistake in mentioning of invoice number in SUVIDHA Form.

Karnataka HC Directs Awareness of Abortion Rights for Rape Victims

December 16, 2023 639 Views 0 comment Print

Karnataka High Court issues commendable directions to ensure rape victims are promptly informed of their right to abortion. The decision follows the approval of terminating a 24-week pregnancy.

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