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Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2023

January 19, 2023 5697 Views 0 comment Print

These rules may be called the Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2023.

When statutory appeal is provided, then said remedy has to be availed

January 19, 2023 1059 Views 0 comment Print

In Ansal Housing it is held that when there statutory appeal is provided, then the said remedy has to be availed.

Weekly newsletter from Chairman, CBIC dated 18/01/2022

January 18, 2023 1014 Views 0 comment Print

Officers of Shillong Customs (Preventive) Commissionerate seized 255 kg. of Ganja (Cannabis) valued at about Rs. 38 Lakhs from dense jungles on the international borders in Sepahijala and West Tripura Districts in Tripura. Further, officers of Guwahati Customs Division of the Shillong Customs (Preventive) Commissionerate also seized 3 kgs. of Morphine estimated to be worth over Rs. 15 Crores.

ITAT upheld addition for Cash deposited during demonetization out of alleged tuition income

January 18, 2023 2514 Views 0 comment Print

Smt. Sonal Kumari Vs ITO (ITAT Chennai) The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the action of AO in adding the cash deposited during demonetization period in assessee’s savings bank account maintained with Punjab National Bank between 15.11.2016 to 05.12.2016 amounting to Rs.7.68 lakhs. The […]

Section 40A(3) Disallowance not applicable on cash payment to MSEDCL

January 18, 2023 4353 Views 0 comment Print

MSEDCL is a State under Article 12 of Constitution and cash payments made to its franchise/agent is covered under Rule 6DD(b). Therefore, disallowance under Section 40A(3) is not justified.

Service tax refund cannot be denied on cancellation of booking of flats

January 18, 2023 1638 Views 0 comment Print

As per Rule 66E(b), Service Tax Rules, 1994 in construction service, service tax is required to be paid on amount received from buyers towards booking of flat before the issuance of completion certificate by the competent authority and the booking can be cancelled by the buyer any time before taking possession of the flat.

Cash wrongly deposited in bank A/c of Appellant: ITAT deletes Section 271D penalty

January 18, 2023 1296 Views 0 comment Print

It is evident that the assessee had received cash amounts, but deposited in its Bank A/c which is in violation of the provisions contained in Section 269SS. But like any other penalty, the operation of Section 271D with reference to the violation of the provisions contained in Section 269SS also is not automatic.

Deemed Dividend Taxable in the hands of Individual shareholder not an entity which does not hold shares

January 18, 2023 3423 Views 0 comment Print

Mahimananda Mishra Vs ACIT (Orissa High Court) A plain reading of ection 2(22)(e) of the Income Tax Act, 1961 indicates that the taxing of the deemed dividend has to be in the hands of the shareholder of OSL. In the present case, admittedly it is Mr. Mishra in his individual capacity who holds 36.95% of […]

No Co-relation Required to Claim Service Tax Refund when all business were of export only

January 18, 2023 429 Views 0 comment Print

Denial of refund of Service Tax paid on Banking and Financial Services – The said refund has been rejected on the ground that the appellant has failed to correlate the services availed with the exports of goods.

Section 40A(3) not applicable if single transaction not exceeds threshold limit

January 18, 2023 1554 Views 0 comment Print

ACIT Vs Cellbiz Services (ITAT Kolkata) CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given […]

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