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Repatriation of sale proceeds of export expiry with statutory period of six months

January 11, 2023 1587 Views 0 comment Print

Calcutta High Court held that conjoint reading of section 18(1)(c) and section 18(1)(a) of the Foreign Exchange Regulation Act, 1973 definitely propagate that the duty to get the sale proceeds of export to be repatriated expiry with the statutory period of six months.

Re-exporting of goods without payment of customs duty not permissible on expiry of bonded period

January 11, 2023 3792 Views 0 comment Print

Gujarat High Court held that as the bonded period is expired, the importer is liable to pay the customs duty. Importer cannot re-export the goods under section 69 without payment of the customs duty.

Legal sale of gold using prohibited currency/ SBNs not permissible

January 11, 2023 2535 Views 0 comment Print

ITAT Hyderabad held that no legal sale of gold can be made with the use of either prohibited currency or prohibited Specified Bank Notes (SBNs)

Sale of software products/licenses is not royalty and hence not taxable

January 11, 2023 8202 Views 0 comment Print

ITAT Delhi held that payment received from sale of software products/ licenses doesn’t fall in the nature of royalty as per Article 12(3) and as per section 9(1)(vi) and hence the same is not taxable in India.

No addition towards notional rent as residential asset held as stock-in-trade

January 11, 2023 2082 Views 0 comment Print

ITAT Pune held that addition of notional rental not sustainable as the residential assets held in stock-in-trade.

Reopening of assessment for contingent nature of addition unsustainable

January 10, 2023 4053 Views 0 comment Print

ITAT Kolkata held that addition cannot be made on protective basis in the reopened assessment proceeding as the assessment cannot be reopened for a contingent nature of addition.

Commodity transactions in regular course of business are not speculative transaction

January 10, 2023 3573 Views 0 comment Print

ITAT Mumbai held that commodity transactions carried out as regular business transaction cannot be treated as speculative transaction. Accordingly, the loss incurred from the same is treated as normal business loss.

Revisional power unjustified as detailed inquiry conducted by AO

January 10, 2023 804 Views 0 comment Print

ITAT Chandigarh held that invocation of revisional power under section 263 of the Income Tax Act unjustified once detailed inquiry conducted by AO on the matter. 

Section 194J not apply to services not requiring specific professional skill/expertise

January 10, 2023 3696 Views 0 comment Print

ITAT Raipur held that service of tabulation, checking and preparation of marksheets and other computer assisted work doesn’t require any specific professional skill or expertise. Therefore, provisions of section 194J of the Income Tax Act are not attracted.

Expense reduced from export turnover should also be reduced from total turnover for calculating deduction u/s 10AA

January 10, 2023 1191 Views 0 comment Print

Infosys Ltd Vs ACIT (ITAT Bangalore) ITAT Bangalore held that expenditure reduced from export turnover should also be reduced from total turnover while computing deduction under section 10AA of the Income Tax Act. Facts- During the relevant previous year, the assessee had incurred brand building expenses of Rs.81,79,53,112/-. The brand building expenditure were in the […]

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