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Archive: December, 2023

Posts in December, 2023

No penalty u/s 271C for not deducting TDS on Foreign Remittances

December 15, 2023 3483 Views 0 comment Print

Since assessee had deliberately not avoided TDS and there was no contumacious conduct on the part of the assessee, therefore, penalty was not leviable for not deducting TDS on foreign remittances. 

Taxing amount based on presumption of future order of Small Causes Court unsustainable

December 15, 2023 975 Views 0 comment Print

Bombay High Court held that one cannot tax the amount having not accrued and not been received by the assessee on an assumption and presumption that in the future, the Small Causes Court will at least order the said sum in favour of the Appellant.

Limitation prescribed u/s. 17(D) of KGST doesn’t apply as matter remanded back by Court to redo assessment

December 15, 2023 837 Views 0 comment Print

Kerala High Court held that Held that the limitation prescribed u/s. 17(D) of the Kerala General Sales Tax Act [KGST] would not be applicable to the facts of the present case as the high Court had set aside the original assessment and remanded the matter back to redo the assessment.

Imposition of penalty u/s 67(1) of KVAT sustained due to filing of an untrue/ incorrect return

December 15, 2023 1293 Views 0 comment Print

Kerala High Court held that filing an untrue or incorrect return in view of section 67(1)(d) of the Kerala Value Added Tax Act, 2003 [KVAT] assumes more rigour in the teeth of the onerous obligation, resulting in the imposition of a penalty. Accordingly, imposition of penalty justified.

Refund of accumulated ITC permissible when rate of certain inputs are higher than rate on output supply

December 15, 2023 4341 Views 0 comment Print

Delhi High Court held that refund of accumulated Input Tax Credit (ITC) permissible as rate of taxes on certain inputs being higher than tax chargeable on the output supply.

Mere charging guarantee fees for services by trust not sufficient to invoke proviso to section 2(15)

December 15, 2023 864 Views 0 comment Print

ITAT Mumbai held that mere charging of guarantee fees for services by the assessee trust ipso facto is not sufficient to invoke the proviso to section 2(15) of the Income Tax Act, that too without establishing that the object and purpose of the assessee is profit motive.

Reassessment proceedings based on query already raised in original assessment unsustainable

December 15, 2023 1338 Views 0 comment Print

Delhi High Court held that reassessment proceedings will be invalid where once a query is raised and answered by the assessee in original assessment proceedings but thereafter AO didnt made any addition in the assessment order.

ITAT Directed Assessee to furnish CA certificate in Form 26A for setting aside disallowance u/s 40(a)(ia)

December 15, 2023 3777 Views 0 comment Print

ITAT Raipur restored the matter back to the file of AO in case of disallowance u/s. 40(a)(ia) of the Income Tax Act as the CA certificate submitted was not as per the prescribed form i.e. Form 26A. Post submission of CA certificate in prescribed form, disallowance u/s 40(a)(ia) will be vacated.

Category III AIF Investment Restrictions: SEBI Clarifies on ETF Holdings

December 15, 2023 2403 Views 0 comment Print

SEBI issues interpretative letter clarifying that mutual fund investments, including ETFs, aren’t permissible for Category III AIFs. Analysis and implications discussed.

Revised Tariff Values of Edible Oils, Brass Scrap, Areca Nut, Gold & Silver wef 16.12.2023

December 15, 2023 936 Views 0 comment Print

Explore the latest changes to the Customs Act with Notification No. 91/2023-Customs (N.T.) issued by the Ministry of Finance. Learn about amended tariff values and effective dates

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