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CBDT notifies Special Courts in Odisha under Black Money Act

December 26, 2022 1167 Views 0 comment Print

CBDT notifies Special Courts in Odisha vide Notification No. 127/2022-Income Tax | Dated: 26th December, 2022 under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) (INVESTIGATION DIVISION-V) New Delhi Notification No. 127/2022-Income Tax | Dated: 26th December, 2022 S.O. 6066(E).—In exercise […]

Weekly newsletter from Chairman, CBIC dated 26.12.2022

December 26, 2022 690 Views 0 comment Print

Our work is vitalized by the law – be it Customs, GST, Central Excise, Narcotics or any of the other that we are enjoined to administer. While law is essentially prescriptive and its express wording is meant to circumscribe our actions as administrators

HC upheld reassessment proceedings as assessee filed his returns late

December 25, 2022 4416 Views 0 comment Print

Hede Ferrominas Pvt. Ltd Vs ACIT  (Bombay High Court) Firstly, the Petitioner did not bother to file any returns during Assessment Year 2015-16. Secondly, the Petitioner did not bother to file any response to the notice dated 27.03.2021 seeking to reopen the assessment within the time limit allowed to the Petitioner. The Petitioner filed returns […]

AO not examined section 54B/54F basic conditions – ITAT refers matter back to AO

December 25, 2022 1080 Views 0 comment Print

Sejalbhai G. Patel Vs ITO (ITAT Surat) Learned Departmental Representative (ld. DR) for the Revenue submitted that in order to claim the exemption under section 54B of the Act, the agricultural land should be purchased within two years from the date of sale of the original agricultural That is, the agricultural land must have been […]

CESTAT cannot grant reliefs extraneous to adjudication

December 25, 2022 765 Views 0 comment Print

Minvesta Infotech Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai) It is argued by the learned consultant that prior to introduction of GST, appellant would have been able to take re credit of the said amount when refund claims are denied as time-barred. After the introduction of GST, the appellant is not able […]

Form 10–IC filing Mandatory to Claim Reduced Corporate Tax Rate benefit

December 25, 2022 3843 Views 1 comment Print

Assessee did not file Form 10-IC before due date of filing return of income, i.e. 15/02/2021, which is mandatory condition for claiming option available under section 115BAA of Income Tax Act.

Non-grant of transitional credit – HC directs appellant to take benefit of SC decision in Filco Trade

December 25, 2022 1332 Views 0 comment Print

Rockland Media And Communication Pvt. Ltd. Vs Union of India (Gauhati High Court) The petitioner is challenging the non-grant of transitional credit under Section 140 of the Central Goods and Services Tax Act, 2017 and the Assam Goods and Services Tax Act, 2017. The petitioner’s counsel submits that the writ petition can be disposed of […]

Centralised Service income of Startwood Hotel from Indian Customers not FTS: HC

December 25, 2022 504 Views 0 comment Print

ITAT has erred in holding that the entire payments received by the Assessee from its Indian Customers on account of Centralized Services viz. sales and marketing, loyalty programs, reservation service, technological service, operational services and training programs/human resources do not constitute ‘Fee for Technical Services’ as defined under Section 9(l)(vii) of the Income Tax Act, 1961 (the ‘Act’) or ‘Fee for included services’ as defined under Articles 12(4) (a) of the Indo-US DTAA.

No prohibition under SBN Ordinance, 2016, to deal with Specified Bank Notes up to 31.12.2016

December 25, 2022 1818 Views 0 comment Print

Umamaheswari Vs ITO (ITAT Chennai) As regards, the first objection of the AO on legal tender of Specified Bank Notes on or after 08.11.2016, I find that as per the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016, which came into effect from 31.12.2016 appointed date for this purpose means 31.12.2016. Further, as per Sec.5 […]

Allowability of Interest expenses of Funds utilized for Investment in Subsidiary Company

December 25, 2022 1131 Views 0 comment Print

ACIT Vs BIP Developers Pvt. Ltd (ITAT Kolkata) In the present case, the commercial expediency of the interest expenditure in question was duly established by the assessee and on appreciation of the relevant facts of the case of the assessee as well as keeping in view the decision of the Hon ’ble Supreme Court in […]

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