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GST Refund admissible on receiving export proceeds via authorized dealers like Paypal: Madras HC

March 11, 2024 1047 Views 0 comment Print

Madras High Court held that receipt of export proceeds through authorized dealers like Paypal is in accordance with the direction issued by RBI and hence refund duly admissible.

Resolution plan rejected u/s. 29A(c) as applicant managed and controlled corporate debtor: NCLAT Delhi

March 9, 2024 489 Views 0 comment Print

NCLAT Delhi ruling on Navayuga Engineering vs. Umesh Garg emphasizes Section 29A(c) of IBC, disqualifying those managing corporate debt failing to clear debts.

Liaison Office having active role treated as Permanent Establishment in terms of Article 5(2) of India-Germany DTAA

March 8, 2024 483 Views 0 comment Print

ITAT Delhi held that Liaison Office playing an active role with regard to printing of books treatable as Permanent Establishment in terms of Article 5(2) of India-Germany Double Taxation Avoidance Agreement (DTAA).

Microfinancing activity by charging exorbitant interest not charitable in nature: ITAT Bangalore

March 7, 2024 450 Views 0 comment Print

ITAT Bangalore held that microfinancing activities by charging exorbitant interest cannot be considered to be charitable purpose in terms of section 2(15) of the Income Tax Act accordingly exemption claimed u/s 11 and 12 duly deniable.

TDS not deductible on payment to non-resident for availing General Business Support Service: Bombay HC

March 6, 2024 1140 Views 0 comment Print

Bombay High Court held that payments made to non-resident for availing General Business Support Service under Cost Contribution Arrangement is not in the nature of fees for ‘technical services’ and accordingly tax is not deductible on the same.

Exemption u/s. 10(10AA) differentiating Government and other employees not violative of Article 14: Patna HC

March 5, 2024 639 Views 0 comment Print

Patna High Court’s judgment on leave encashment tax exemption for government vs other employees, detailing differentiation, constitutional validity, and implications.

Tax not leviable on recipient as foreign service provider had permanent establishment in India: CESTAT Ahmedabad

March 4, 2024 501 Views 0 comment Print

CESTAT Ahmedabad rules service recipients in India not liable for service tax when the foreign service provider has a permanent establishment in India.

Penalty u/s. 114AA of Customs Act unsustainable as department failed to prove mis-declaration: CESTAT Ahmedabad

March 4, 2024 1014 Views 0 comment Print

CESTAT rules against imposing penalties on Amglo Resources Pvt Ltd for alleged COO misdeclaration, emphasizing the need for mens rea proof.

Penalty imposed for mis-classification of goods for claiming higher incentives: CESTAT Ahmedabad

March 4, 2024 792 Views 0 comment Print

CESTAT Ahmedabad imposes penalties under Customs Act for fraudulent MEIS benefit claim by Fashion Accessories, highlighting stringent legal consequences.

Source for making or earning income of payer of FTS outside India is not taxable in India

February 20, 2024 978 Views 0 comment Print

ITAT Delhi held that as conditions prescribed in exception to section 9(1)(vii)(b) stand fulfilled, it cannot be taxed as FTS. Further, the source for making or earning any income of the payer of fee for technical services, in the present case, is outside India, and therefore not taxable in India.

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