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Archive: August, 2024

Posts in August, 2024

GST applicability of ESOP/ESPP/RSU provided by a company to its employees or through its overseas holding company

August 30, 2024 7197 Views 2 comments Print

Understand GST implications on ESOP, ESPP, and RSU plans, including exemptions and conditions for Indian subsidiaries and foreign parent companies.

Case Under Dowry Prohibition Act Cannot Be Instituted without Prior Sanction of District Magistrate

August 30, 2024 522 Views 0 comment Print

Punjab & Haryana HC quashes FIR under Dowry Prohibition Act for lack of prior sanction from District Magistrate, reinforcing legal requirement per Section 8-A.

Routine support services not taxable as Fees for Technical Services in terms of India-UK DTAA: ITAT Delhi

August 30, 2024 258 Views 0 comment Print

ITAT Delhi held that routine support services would not be taxable as Fees for Technical Services (FTS) in terms of the provisions of India-UK Double Taxation Avoidance Agreement (DTAA).

Scholarship for overseas study is application of income for charitable purpose in India: ITAT Mumbai

August 30, 2024 348 Views 0 comment Print

ITAT Mumbai held that the disbursal of loan scholarship to students in India for study overseas as application of income for charitable purposes in India. Thus, claim of exemption under section 11 of the Income Tax Act allowed.

Interest income directly relating to business is assessable as business income: ITAT Ahmedabad

August 30, 2024 483 Views 0 comment Print

ITAT Ahmedabad held that interest income and miscellaneous income earned by the assessee are directly related to the business of the assessee and assessable as business income only and not as income from other sources.

Amount received as compensation u/s 28 of Land Acquisition Act was taxable u/s 56(2)(viii) r.w.s 145B(1) and not exempt u/s 10(37)

August 30, 2024 1290 Views 0 comment Print

Compensation received under Section 28 of the Land Acquisition Act was taxable under section 56(2)(viii) r.w.s 145B(1) as the provisions of section 10(37) deal with ‘compensation’ only and not interest on compensation or enhanced compensation.

Delay in filing quantum appeal and penalty appeal condoned on demonstrating sufficient cause

August 30, 2024 339 Views 0 comment Print

ITAT Ahmedabad condoned delay of 326 days in filing quantum appeal and delay of 1 day in filing penalty appeal as assessee demonstrated sufficient cause for the delay.

Decision favourable to assessee will prevail in case of two contrary decision by non-jurisdictional HC

August 30, 2024 594 Views 0 comment Print

ITAT Ahmedabad held that in case of two contrary decision by non-jurisdictional High Courts, decision favourable to the assessee shall apply. Thus, order of CIT(A) allowing deduction u/s. 80IA of the Income Tax Act upheld.

Penalty not leviable as violation of section 269SS and 269T not justified without clear finding: ITAT Ahmedabad

August 30, 2024 369 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty u/s. 269D and 269E of the Income Tax Act without clear finding along with authentic evidence that provisions of section 269SS and 269T are violated is unsustainable.

Delhi HC directes to prove payment for inward supplies in respect of which refund claimed

August 30, 2024 279 Views 0 comment Print

Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).

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