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Income Tax Dept searches in Uttar Pradesh & Karnataka

December 24, 2021 963 Views 0 comment Print

The Income Tax Department carried out search and seizure operation on 18.12.2021 on various persons and their business entities, engaged in the business of civil construction and real estate and running educational institutes in UP and Karnataka. A Kolkata based entry operator has also been covered in the search operation.

Rejection of refund of amount higher than that covered in SCN is not tenable

December 24, 2021 1260 Views 0 comment Print

TTEC India Customer Solutions Private Limited Vs Deputy Commissioner of Sales Tax (Gujarat High Court) Learned advocate, Ms. Amrita Thakore has emphatically urged that there is a clear violation of principle of natural justice and hence, the rejection of the refund claim for the entire sum of Rs.2,84,04,175/- needs urgent indulgence. According to her, the […]

Conflicting judicial opinion – No adjustment U/s. 154 can be made 

December 24, 2021 1104 Views 0 comment Print

Nikhil Mohine Vs DCIT (ITAT Jabalpur) Sec. 43B(b) does not include the employee contribution, and even regarding so is to no avail, rendering the Explanations under reference, even as suggested by their express language, explanatory. An examination of the Notes on Clauses to, and the Memorandum explaining the Provisions of, Finance Bill, 2021, however, resolves […]

Maharashtra Govt impose new covid restrictions & Nigh Curfew from today

December 24, 2021 8883 Views 0 comment Print

There shall be a ban on any assembly of people in groups of more than 5 from 9 PM to 6 AM throughout the state in all public places. i. In case of any activity that is not explicitly covered under these directions, DDMA may decide appropriate restrictions, generally following these principles or on the basis of local situation, as deemed fit. In such situations, DDMA must give adequate Public Notice before making such restrictions applicable.

AE cannot be considered as comparable as it lacks independent nature of uncontrolled transaction

December 24, 2021 741 Views 0 comment Print

An associate enterprise itself would not to be taken as a comparable since lacking the independent nature of an uncontrolled transaction in forming hallmark of Chapter X of the Act. We thus delete the impugned arms length price adjustment on receivables for this precise reason alone.

Delayed payments of employee’s contribution to PF/ESIC allowable for AY 19-20 if deposited before filing of return U/s. 139(1)

December 23, 2021 3510 Views 0 comment Print

Pachouli Wellness Clinic LLP Vs ITO (ITAT Delhi) It is not in dispute that the payments on account of PF/ ESI were made by the assessees after due date prescribed under the respective acts, but before due date of filing of return under the I.T. Act. The Ld. Sr. DR has also not contradicted the […]

ITAT upheld Segregation approach for benchmarking of Contract Software Development Services & ITeS

December 23, 2021 1566 Views 0 comment Print

Since the issue of benchmarking the international transaction is required to be examined qua both the segments i.e. CSDS and ITES separately and independently for factual analysis of taxpayer’s TP study, the case is remanded back to ld. TPO who shall determine the ALP of international transactions of both the segments independently afresh after providing an opportunity of being heard to the parties.

Details of infrastructure available for testing of samples related to hazardous goods by Revenue Laboratorie

December 23, 2021 621 Views 0 comment Print

Instruction No. 29/2021-Customs F.No. 401/98/2021-Cus-III Government of India Ministry of Finance, Department of Revenue Central Board of Indirect Taxes & Customs North Block, New Delhi Dated the December 23rd, 2021 To, All Principal Chief Commissioners/Chief Commissioners of Customs/Customs (Preventive), All Principal Chief Commissioners/ Chief Commissioners of Customs & Central Tax, All Principal Commissioners/ Commissioners of […]

Amendment in section 36(1)(va) & section 43B applicable from 01.04.2021

December 23, 2021 2625 Views 0 comment Print

The next aspect to be considered is whether the amendment to the provisions to section 43B and 36(1)(va) of the Act by the Finance Act, 2021, has to be construed as retrospective and applicable for the period prior to 01.04.2021 also.

IFRS Foundation document issued for comments

December 23, 2021 429 Views 0 comment Print

IFRS Foundation document issued for comments: IFRS Taxonomy 2021-Proposed Update 3 Initial Application of IFRS 17 and IFRS 9-Comparative Information (Amendment to IFRS 17)

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