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Reopening For Mere Non -Ratification of Section 10B approval not justified

September 20, 2021 753 Views 1 comment Print

Indus Teqsite Private Ltd. (presently known as Data Patterns India Pvt. Vs DCIT (Madras High Court) Merely because the ratification has not been done by a Higher Authority, will it automatically vitiate the approval, which was granted by the Competent Authority namely the Development Commissioner. The learned Single Judge, after noting that the said assessee […]

No TDS on Sale of Software by treating it as Royalty

September 20, 2021 3573 Views 0 comment Print

Financial Software and Systems Private Limited Vs CIT (Madras High Court) The question of law which is involved is with regard to whether the assessee was liable to deduct Tax at Source in respect of the Computer Software which was dealt with by them, procured from a Non-Resident and sold in the Indian Market. This […]

GST: Scope of Section 6(2)(b) & Section 70 is different & distinct

September 20, 2021 12738 Views 0 comment Print

Kuppan Gounder P. G. Natarajan Vs Directorate General of GST Intelligence (Madras High Court) Appellant submitted that the State authority has conducted the search and seizure operations and summons had been issued, order of provisional attachment had been passed and in such situation, the respondent cannot initiate any action and issue summons under Section 70 […]

How to search Bill of Entry details on GST Portal & FAQs

September 19, 2021 71280 Views 3 comments Print

FAQs > Searching BoE (Bill of Entry) Details Q. 1 Can I search BoE (Bill of Entry) details on the GST Portal? Ans. The Search by BoE functionality allows you to view BoE (Bill of Entry) details on GST Portal. Navigate to Services > User Services > Search BoE option to view BoE (Bill of Entry) details. Q. 2 Can I […]

CKD kits falls under heading 8703 & eligible for 30% rate of BCD

September 19, 2021 5373 Views 0 comment Print

In re Volvo Auto India Private Limited (CAAR Delhi) vehicle kits being imported by the applicant would be covered under sub-category 1 as Completely Knocked Down kit or under sub-category 2 as motors cars in any other form; and if under sub-category 1, whether under 1(a) or 1(b), attracting effective rate of BCD of 15% […]

Role of Regulators and The Future of Audit

September 17, 2021 2010 Views 0 comment Print

NFRA is a creation of Sec 132 of the Companies Act, 2013. Though the section was enacted with the rest of the Act in 2013, it was finally notified only in 2018, after the PNB scam came to light. NFRA’s functions are laid down by sub section (2) of Sec 132 as covering:

Expense on conversion of debenture bond into equity share not allllowable

September 17, 2021 2208 Views 0 comment Print

Sacmi Engineering India P. Ltd. Vs DCIT (ITAT Ahmedabad) main issue for our consideration is that whether the expenditure on conversion of debenture bond into equity share capital is revenue or capital expenditure. The claim of the assessee is that since capital base has been increased due to conversion of debenture for meeting working capital […]

No addition under Section 68 for loan received in earlier years

September 17, 2021 2577 Views 0 comment Print

Where AO made addition under section 68 in respect of a loan received by assessee, however, it was found that the said loan was not received during the assessment year under consideration; the addition made under section 68 on account of such loan was not called for during the said assessment year and hence, the said addition was liable to be deleted.

No TP Adjustment for Increase in brand value due to use of foreign AEs brand name

September 17, 2021 465 Views 0 comment Print

Increase in brand value due to use of foreign AEs brand name in Taxpayer’s products cannot be considered as provision of services, as per international transaction definition u/s 92B of the Income Tax Act, 1961.

Investigation on imports of Aluminum Foil 5.5 Micron to 80 Micron

September 16, 2021 2124 Views 0 comment Print

The product under consideration in the present investigation is Aluminium Foil whether or not printed or backed with paper, paper board, plastics or similar packing materials of a thickness ranging from 5.5 micron to 80 micron

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