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Tax benefit of India-UK DTAA available to LLP on Indian engagement income

December 15, 2022 3543 Views 0 comment Print

ITAT Delhi held that benefit of India-UK DTAA is available to Limited Liability Partnership on the portion of income from Indian engagement.

Petition before High Court maintainable during pendency of formation of GST Appellate Tribunal

December 15, 2022 2145 Views 0 comment Print

Manappuram Finance Ltd. Vs Assistant Commissioner (Kerala High Court) Kerala High Court held that as the GST Appellate Tribunal is yet to be constituted, the petitioner entitled to exercise jurisdiction of the High Court under Article 226 of the Constitution of India. Facts- The petitioner is a non-banking finance company and is an assessee under […]

Provision of section 40A(3) doesn’t apply when payment for expenses are made by a person to an agent

December 14, 2022 5361 Views 0 comment Print

ITAT Ahmedabad held that clause (k) of Rule 6DD specifies that where payment for expenses are made by a person to an agent who is required to make payment in cash on behalf of such person, then rigours of section 40A(3) are not applicable.

Person supplying main supply on principal-to-principal basis cannot be intermediary

December 14, 2022 3378 Views 0 comment Print

CESTAT Delhi held that the intermediary does not include the person who supplies such goods or services or both on his own account. Thus, the person supplying the main supply on principal to principal basis cannot come within the ambit of “intermediary”.

Additional claim can be entertained by appellate authority

December 14, 2022 1632 Views 0 comment Print

ITAT Surat held that Assessing Officer is not entitled to admit or entertain additional claim during the assessment proceedings, however the appellate authority has such jurisdiction to admit such additional claim.

Order cancelling GST registration without referring to reason for non-filing GSTR-3B return is not a speaking order

December 14, 2022 1809 Views 0 comment Print

Madras High Court held that the Appellate Authority should have gone into the reasons adduced by the writ petitioner for non-filing of GSTR-3B return. In absence of the same, the impugned order cancelling GST registration set aside and matter remanded back to Appellate Authority for examination.

Revision power u/s 263 cannot be invoked if enquiry conducted by AO

December 14, 2022 2289 Views 1 comment Print

ITAT Pune held that if there was enquiry conducted by the AO even if the enquiry in inadequate there will be no occasion to the Commissioner to exercise the power of revision u/s 263 of the Income Tax Act.

As main business includes letting of property income from same is taxable under Income from Business

December 14, 2022 2826 Views 0 comment Print

ITAT Delhi held that the main objective of the assesses is to carry on the business of letting out of properties and hence the income earned by the assessee from letting out of the property is assessable under the head Income from Business.

Loss of investment not entitled as bad debts even cannot be claimed as business loss

December 14, 2022 1662 Views 0 comment Print

ITAT Hyderabad held that if the assessee is not entitled to claim the loss of investment as bad debts, the same cannot be claimed as business loss as per his sweet will.

Bad debts from credit card business is allowable as deduction u/s 36(1)(vii) of the Income Tax Act

December 14, 2022 1134 Views 0 comment Print

ITAT Mumbai held that bad debts arising from credit card business would be part and parcel of loss arising in the course of banking business and hence liable as deduction u/s.36(1)(vii) of the Income Tax Act.

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