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Archive: 06 January 2024

Posts in 06 January 2024

Receipt in terms of Strategic Oversight Services Agreement cannot be termed as royalty

January 6, 2024 531 Views 0 comment Print

Delhi High Court held that the consideration received in terms of Strategic Oversight Services Agreements (SOSA) cannot be termed as Royalty under Article 12 of the DTAA even if extensive services are rendered which includes access to written knowledge, processes, and commercial information in furtherance of the services.

Analysing Bail Jurisprudence under PMLA: Unravelling Problematic Twin Conditions

January 6, 2024 1560 Views 0 comment Print

Explore complexities of PMLA bail conditions, their impact on accused, and constitutional concerns. A comprehensive analysis sheds light on legal developments.

Circular No. 200/12/2023-GST on GST Rates: Key Clarifications

January 6, 2024 2745 Views 0 comment Print

Explore the Ministry of Finance’s latest circular (No. 200/12/2023-GST) dated August 1, 2023, offering vital insights on GST rates and classifications for various goods. Get clarity on key changes.

RBI Circular on Hedging of Foreign Exchange Risk- Detailed Analysis

January 6, 2024 4731 Views 0 comment Print

Dive into comprehensive analysis of recent RBI circular (RBI/2023-24/108) on hedging foreign exchange risk. Explore key changes, regulatory framework, and implications for authorized entities.

Availability of Unutilised MAT credit of Amalgamating Company to Amalgamated Company

January 6, 2024 1761 Views 0 comment Print

Explore allowance of unutilized MAT credit transfer in company amalgamation. Understand legal provisions, judicial precedents, and implications for amalgamated company.

Appellate authority cannot enhance assessment without issuing a notice

January 6, 2024 534 Views 0 comment Print

ITAT Ahmedabad held that an appellate authority can exercise the power u/s. 251(1)(a) to enhance the assessment only after giving a notice for enhancement. Accordingly, enhancement by CIT(A) without issuance of notice is untenable in law.

PFRDA’s Proposed Amendments: Stakeholder Comments & Responses

January 6, 2024 534 Views 0 comment Print

Explore responses to stakeholder comments on proposed PFRDA amendments, focusing on grievance redressal. Clarifications on NPST role, filing procedures, and jurisdiction outlined.

Ambiguity of Trust provisions under Income Tax Act: CAAS Surat Raises Concerns

January 6, 2024 9264 Views 0 comment Print

Explore the ambiguity of Trust provisions under the Income Tax Act highlighted by Chartered Accountants Association Surat (CAAS). Read their representation and demand for resolution.

Clean Energy Cess on coal closing stock as of June 30, 2017, not leviable post-GST

January 6, 2024 1755 Views 0 comment Print

Explore the CESTAT Delhi ruling on the levy of Clean Energy Cess on coal closing stock as of June 30, 2017, its implications, and the decisive factors involved.

ED’s Inaction on Seized Assets Violates Income Tax Act Section 132B & FEMA Section 37(3)

January 6, 2024 729 Views 0 comment Print

Directorate of Enforcement cannot sit over the seized assets, and the failure to release them is a violation of Section 132B of the Income Tax Act, 1961, applicable under Section 37(3) of FEMA, 1999. Harish Forex Services Pvt. Limited Vs Assistant Director Of Enforcement (Rajasthan High Court)

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