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Section 124(2) of Finance Act, 2019 not discriminate between tax, duty, interest or penalty

January 30, 2023 879 Views 0 comment Print

National Centre for the Performing Arts Vs Union of India (Bombay High Court) It is not in dispute that the Petitioner has, prior to the issuance of the show cause notice, paid an amount of Rs.1,49,35,618/- electronically out of which a sum of Rs.1,09,06,948/- was deposited under the Accounting Code 00441480 as tax receipts and […]

IRDAI permits Profit Related Commission to Non-Executive Director(s)

January 30, 2023 1503 Views 0 comment Print

Insurers are hereby permitted to pay profit related commission to non-executive director(s) including the non-executive director(s) appointed under section 48A of the Insurance Act, 1938, under the deemed approval mechanism

CAM charges cannot partake the character of rent – Section 194C TDS applicable

January 29, 2023 810 Views 0 comment Print

It is the case of the assessee that the rent payment to the licensor is independent of the CAM charges payable and thus the CAM charges cannot partake the character of rent. The assessee thus contends that the deduction rate applicable on CAM charges @2% under Section 194C has been rightly deducted.

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

January 29, 2023 933 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 1338 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 1818 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 975 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 603 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 6015 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 1398 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 […]

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