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Income from unsold flats held as stock taxable as Income from House property

January 29, 2023 864 Views 0 comment Print

There is no provision under head Profits and Gains from business or profession which deems rental income from unsold flats held as stock as Business income.

Investment in shares of Agile by Blackstone – HC set-aside Section 148A(d) order

January 29, 2023 1287 Views 0 comment Print

According to HC, the central issue, to which the Assessing Officer (AO) should have applied his mind is, as to whether the investment in shares of Agile by the petitioner was a capital account transaction, given the fact that there is no allegation of round-tripping.

Mere Downfall in GP Ratio not give authority to revenue to make addition

January 29, 2023 1641 Views 0 comment Print

Sureshbhai Vihabhai Patel Vs ITO (ITAT Ahmedabad) There is no dispute to the fact that there is a downfall in the gross profit ratio declared by the assessee in the year under consideration in comparison to the earlier years. But the controversy arises whether the downfall in the gross profit ratio gives the authority to […]

Writ jurisdiction should not substitute findings of an AO with its own: HC

January 29, 2023 954 Views 0 comment Print

HC held that Writ Court should not in exercise of its writ jurisdiction should substitute the findings of an assessing officer in his order with its own.

Redemption Fine cannot be demanded merely for issue of PSI certificate by Branch Office

January 29, 2023 567 Views 0 comment Print

When the question is considered in the larger perspective, it is clear that there is no violation as alleged, more so because the PSI certificate issued by the Branch was subsequently ratified by the DGFT (as reflected in paragraph 25 of the Order-in-Original), which serves the purpose.

89% Individual Traders dealing in Equity F&O incurred losses: SEBI

January 29, 2023 5910 Views 0 comment Print

89% of the individual traders (i.e. 9 out of 10 individual traders) in equity F&O segment incurred losses, with an average loss of Rs. 1.1 lakh during FY22, whereas, 90% of the active traders incurred average losses of Rs. 1.25 lakh during the same period.

Gaming services are not betting/gambling- Issue of SCN is abuse of process of law

January 28, 2023 1326 Views 0 comment Print

Myteam11 Fantasy Sports Private Limited Vs Union of India (Rajasthan High Court) The petitioners have been served with a show cause notice under Section 74(1) of the Central Goods & Services Tax, 2017(for short ‘CGST, 2017’) alleging that the petitioner-Company by misclassifying their supply as service instead of actionable claims which are goods and by […]

Assessment order passed in the name of non-existing entity is null & void ab initio

January 28, 2023 1743 Views 0 comment Print

DCIT Vs Barclays Global Service Centre Private Limited (ITAT Pune) The issue that arises for our consideration is whether or not an assessment order passed in the name of amalgamating company i.e. non-existing company, is valid in the eyes of law. There is no dispute about the fact that the factum of amalgamation was put […]

NCLT prescribed Dress Code

January 27, 2023 2463 Views 0 comment Print

NCLT Dress Code for President, Members, Legal Practitioner, Authorised Representative, IRP/RP/Liquidator and parties in person File No. 25/02/2023-NCLT NATIONAL COMPANY LAW TRIBUNAL 6th Floor, Block-3, CGO Complex, Lodhi Road, New Delhi- 110003 Dated: 27th January 2023 ORDER In supercession of National Company Law Tribunal (NCLT)’s order dated 02.08.2016 and 14.11.2017, and in exercise of the […]

Verizon India eligible for refund of Cenvat on Services to Verizon USA rendered as principal service provider

January 27, 2023 1575 Views 0 comment Print

Verizon India Pvt. Limited Vs Commissioner of Service Tax (CESTAT Delhi) The case of Revenue is that the location of service provider/appellant is in India and further in terms of Rule 9 of POPS, the service provided, being intermediary services, the location of the service provider under Rule 9 of POPS, shall be the place […]

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