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In absence of provision in agreement with Associated Enterprise, AMP expense cannot be termed as international transaction

November 12, 2022 2013 Views 0 comment Print

Delhi High Court held that Advertisement, Market and business Promotion (AMP) expenses incurred cannot be termed as an international transaction in the absence of any provision for the same in the agreement with Associated Enterprise.

Interim moratorium of one guarantor wouldn’t ipso facto apply against co-guarantor

November 12, 2022 2700 Views 0 comment Print

Delhi High Court held that the interim moratorium under Section 96 Insolvency and Bankruptcy Code in respect of one of the guarantors would not ipso facto apply against a co-guarantor.

Excise or service tax leviability on activity relating to construction of greenhouse needs fresh adjudication

November 12, 2022 1710 Views 0 comment Print

CESTAT Mumbai held that for the same period excise duty is demanding alleging that activities undertaken by the appellants do amount to manufacture of Prefabricated building i.e. Green House and also service tax on activity of erection and commission of Greenhouse and Polyhouse at site. Accordingly, held that to ascertain the position, it is prudent to remand the matter to the adjudicating authority.

Differential liability under Highways and Public Works post GST should be computed as per Govt. orders

November 12, 2022 2688 Views 1 comment Print

Madras High Court held that for contract entered prior to 01.07.2017 under National Highways and Public Works Department differential tax liability is to be computed as per Government Orders and any recovery affected from the contractor contrary to the methodology will be refunded.

Interest u/s 201(1A) for delay in depositing TDS is unescapable

November 12, 2022 2934 Views 0 comment Print

ITAT Pune held that interest u/s 201(1A) was charged on account of ex-facie delay in depositing the deducted tax within the stipulated due dates and such levy is automatic and without escapement.

Deduction on leave encashment not available on accrual basis

November 12, 2022 2343 Views 0 comment Print

ITAT Bangalore held that as per provisions of section 43B(f) of the Income Tax Act deduction on leave encashment is available on actual payment basis and not available on accrual basis.

Denial of exemption u/s. 11 on the basis of general statement is unsustainable

November 12, 2022 1413 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 11 of the Income Tax Act on the basis of making general statement without examining the alleged receipts is unjustified.

Addition based on typographical error unsustainable

November 12, 2022 1815 Views 0 comment Print

ITAT Mumbai held that merely because the assessee couldn’t explain the balance amount of Rs. 8,57,000 mentioned in computation of income and return, the same cannot be added to the total income. Addition not sustainable on the basis of typographical error.

Amendment to section 129E incorporating mandatory pre-deposit is constitutionally valid

November 11, 2022 1062 Views 0 comment Print

Bombay High Court held that section 129E of the Customs Act was amended on 1st October 2014 incorporating mandatory requirement of pre-deposit is constitutionally valid and cannot be held to be unreasonable, onerous, unfair or discriminatory.

Perquisite and TDS will be computed based on fair market value determined by merchant banker

November 11, 2022 3267 Views 0 comment Print

ITAT Mumbai held that as per rule 3(8)(iii) fair market value of any equity shares on the date of exercising option by the employee shall be determined by a merchant banker. Accordingly, quantum of perquisite and TDS liability will be worked on the said basis.

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