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Mould Base merit classification under Sub-heading 84807900

November 25, 2022 1650 Views 0 comment Print

In re SMI-Amtek Cranshaft Pvt. Ltd (CAAR Delhi) CAAR note that the applicants intend to import specially designed, cut-to-shape & size goods said to be mould bases. It is also confirmed by the authorized representative that question posed for advance ruling is not pending before the officer of Customs and no dispute has arisen at […]

Timelines for transfer of dividend and redemption proceeds to unitholders

November 25, 2022 2196 Views 0 comment Print

The payment of dividend to the unitholders shall be made within seven working days from the record date. The transfer of redemption or repurchase proceeds to the unitholders shall be made within three working days from the date of redemption or repurchase.

Wife Cannot Be prosecuted For Cheque Issued By Her Husband

November 24, 2022 13095 Views 0 comment Print

HC held that wife cannot be made accused for dishonor of the cheque issued by her husband and he alone can be prosecuted for the same.

Default during Section 10A Period cannot be clubbed to Meet Threshold Requirement under IBC, 2016

November 24, 2022 2331 Views 0 comment Print

Plus Corporate Ventures Pvt. Ltd Vs Transnational Growth Fund Ltd (NCLAT Delhi) NCLAT held that When we look into the proviso to Section 10A, the expression is ‘provided that no Application shall ever be filed for initiation of CIRP of a Corporate Debtor for the said default occurring during the said period’ thus default which […]

Payment to train resources to provide pre & post sale services is FTS

November 24, 2022 609 Views 0 comment Print

Sunsmart Technologies Pvt. Ltd Vs ACIT (ITAT Chennai) As per Explanation-2 to Sec.9(1)(vii) of the Act, FTS means any consideration (including in lump sum consideration) for the rendering of any managerial, technical or consultancy services, but does not include consideration for any construction, assembling, mining or like project undertaken by the recipient or consideration which […]

If assessee not earned exempted income, there cannot be section 14A disallowance

November 24, 2022 1062 Views 0 comment Print

Vertex Securities Ltd Vs ITO (ITAT Cochin) The assessee has made an investment in equity shares of Rs.5,84,10,100/-. The dividend from such investment is exempted from the tax. Accordingly, AO computed the disallowance u/s 14A of the Act at Rs.11,84,111/-. The same was confirmed by the Ld. CIT(A). Before us, Ld. A.R. submitted that assessee […]

Software Products Sale not Taxable as Royalty under India-Singapore DTAA

November 24, 2022 1041 Views 0 comment Print

Issue which requires examination is whether the amount received by assessee towards sale of software products and provision of maintenance services would be taxable as royalty under Article 12 of India-Singapore DTAA.

During Assessment AO should take cognisance of revised return: ITAT

November 24, 2022 1992 Views 0 comment Print

Kothari Brothers Vs ITO (ITAT Ahmedabad) The assessee submitted that the appeal before the CIT(A) was filed in respect of rejection of rectification application and thereby disallowance of claim for carry forward losses in revised return needs to be looked into. The original return of income for A.Y. 2007-08 was filed on 24.11.2007 declaring total […]

PCIT cannot substitute his view with view of AO & direct AO to make assessment in a particular manner

November 24, 2022 1233 Views 0 comment Print

Komara Gounder Chinnusamy Vs ITO (ITAT Chennai) The PCIT has revised assessment order passed by the AO u/s.143(3) r.w.s.147 of the Act, on the issue of trade discount received by the assessee from M/s. SKM Animal Feeds and Foods (India) Pvt. Ltd., amounting to Rs.23,16,261/-. According to the PCIT, although, the assessee has received trade […]

CESTAT directs Commissioner (Appeals) to decide considering SC judgement in case of Coal Handlers

November 24, 2022 828 Views 0 comment Print

M R Patel & Sons Vs C.S.T. Service Tax (CESTAT Ahmedabad) CESTAT find that the present case involved mix question of law and facts. The learned Commissioner (Appeals) decided the matter relying on the Tribunal’s decision in the case of Coal Handlers (supra) wherein it was held that the identical services are classifiable under clearing […]

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