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TDS u/s 194C deductible on payments towards bus hire and wharfage charges

March 6, 2023 720 Views 0 comment Print

ITAT Delhi held that TDS under section 194C of the Income Tax Act is deductible on payments made towards bus hire charges and wharfage charges.

Delay of 988 days cannot be condoned on the basis of vague reason

March 4, 2023 1275 Views 0 comment Print

ITAT Hyderabad held that delay of 988 days in filing of the appeal cannot be condoned on the basis of vague reason.

Payment by GIPL to Google US towards seconded employees is outside purview of FTS/ FIS

March 4, 2023 1656 Views 0 comment Print

ITAT Bangalore held that the amount paid by Google India Private Limited (GIPL) to M/s. Google LLC (US) towards seconded employees doesn’t come under the purview of FTS (Fees for Technical Services) or FIS (Fees for Included Services) under the Income Tax Act or under DTAA.

Fresh adjudication directed as assessment order was dismissed on erroneous reasoning

March 4, 2023 795 Views 0 comment Print

ITAT Kolkata held that dismissal of assessment order passed under section 143(3) on erroneous reasoning that dispute was resolved via Vivad Se Vishwas Scheme. Fresh adjudication directed to decide all the appeals on merits.

TDS u/s 194A deductible on interest paid by subsidiary to holding company

March 4, 2023 1692 Views 0 comment Print

ITAT Delhi held that TDS under section 194A of the Income Tax Act duly deductible on interest paid by subsidiary company to its holding company.

Without fresh tangible material reassessment of earlier Assessment is unsustainable

March 4, 2023 849 Views 0 comment Print

Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable.

Retrospective application of notification issued u/s 5 of FTDR Act, 1992 unjustified

March 4, 2023 1254 Views 0 comment Print

Delhi High Court held that section 5 of the Foreign Trade (Development and Regulation) Act, 1992 empower Government to make amendments with retrospective effect.

JVAT: No Section 40(2) Penalty in absence of deliberate act to file incorrect returns

March 4, 2023 789 Views 0 comment Print

Jharkhand High Court held that as there is no act to deliberately file incorrect returns, hence penalty under section 40(2) of the Jharkhand Value Added Tax Act, 2005.

Granting of personal hearing before submission of reply is against principles of natural justice

March 4, 2023 1254 Views 0 comment Print

Madras High Court held that granting of personal hearing before submission of defence reply cannot be said to be in compliance of section 75(4) of TNGST Act, 2017. Accordingly, impugned order set aside on the ground of violation of principles of natural justice.

Extended period of limitation not invocable for non-payment of tax on bona fide basis

March 4, 2023 1353 Views 0 comment Print

CESTAT Ahmedabad held that extended period of limitation not invocable as non-payment of tax was on account of bona fide belief and not on account of any fraud, mis-statement etc.

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