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Rule 128(9) not provide for denial of FTC in case of delay in filing Form No. 67

November 23, 2022 1806 Views 0 comment Print

ITAT held that Rule 128(9) of the Rules does not provide for disallowance of Foreign Tax Credit (FTC) in case of delay in filing Form No. 67; (ii) filing of Form No. 67 is not mandatory but a directory requirement and (iii) DTAA overrides the provisions of the Act and the Rules cannot be contrary to the Act.

Disclosure of information – Notification under section 66 of PMLA Act, 2002

November 22, 2022 3669 Views 0 comment Print

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 22nd November, 2022 G.S.R. 832(E).— In exercise of the powers conferred by clause (ii) of sub-section (1) of section 66 of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Government, on being satisfied that it is necessary in the public interest so […]

AO should exercise discretionary power to grant stay within Four Corners of Law

November 22, 2022 1173 Views 0 comment Print

Allahabad High Court decision on tax demand stay for ALM Industries. Assessment dispute, financial position, and legal considerations discussed in detail.

Cenvat credit eligible on steel items used to set up Sponge Iron Plant for manufacture of final products

November 22, 2022 588 Views 0 comment Print

Principle of ‘user test’ also need to be considered while deciding the entitlement of assessee to avail CENVAT Credit as laid down by the Hon’ble Supreme Court in the case of CCE Vs. Rajasthan Spinning & Weaving Mills Limited 2010 (255) ELT 481 (SC).

SCN demanding duty not sustainable if it not contains reasons of demand

November 22, 2022 678 Views 0 comment Print

It is a settled legal position that when the assessee was not put to notice with regard to the reasons basis which the demand is being sought to be made, the proceedings cannot be legally sustained.

Tax liabilities not part of Resolution Plan stand extinguished from date of approval of Plan

November 22, 2022 1725 Views 0 comment Print

NCLT held that all past liabilities arising out of any levies/tax dues to any government authorities, etc. which are not part of Resolution Plan and pertaining to Corporate Insolvency Process period shall stand extinguished from the date of approval of Resolution Plan.

Section 271(1)(c) Penalty not imposable if no addition to income

November 22, 2022 1887 Views 0 comment Print

Since additions have been deleted, the very foundation to visit assessee with penalty does not survive. Hence, no penalty is imposable upon assessee

Mandatory furnishing of ineligible / blocked ITC & reversal thereof in Form GSTR-3B – instructions

November 21, 2022 24459 Views 1 comment Print

Mandatory furnishing of correct and proper information of ineligible / blocked Input Tax Credit and reversal thereof in return in FORM GSTR-3B – instructions

Companies (Registered Valuers and Valuation) Amendment Rules, 2022

November 21, 2022 4008 Views 0 comment Print

Partnership entity or company, already registered as valuers, on the date of commencement of the Companies (Registered Valuers and Valuation) Amendment Rules, 2022, shall comply within six months of such commencement with the conditions specified under this clause

ITAT allows recognition of Retention Money as revenue in year of receipt

November 21, 2022 1464 Views 0 comment Print

DCIT Vs Enexio Power Cooling Solutions India Pvt. Ltd. (ITAT Chennai) It could be seen that the nature of assessee’s work is such that a part of the contract amount is retained by the customers and the same is released on satisfactory performance of the project. Therefore, the assessee, following consistent method of accounting, defer […]

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