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Kerala HC set-aside rules 9(4A) &  9(4C) prescribing fixation of Property Tax at a minimum of 25%  over & above the tax levied for previous year 

January 15, 2022 5748 Views 0 comment Print

K.P. Muhammed Ashraf Vs Taliparamba Municipality (Kerala High Court) The petitioner, who is owner in possession of a building in Taliparamba Municipality, seeks to declare that Rule 9(4A) and Rule 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules, 2011 which prescribes fixation of Property Tax at a minimum of 25% over […]

No Section 50C addition for variation of upto 10% of stamp duty value

January 15, 2022 8454 Views 0 comment Print

Mamatha Divakar Shetty Vs ITO (ITAT Hyderabad) In the statement of LTCG, the assessee had not adopted the market value/SRO value as sale consideration as per section 50C of the Act. In AY 2012-13, the assessee computed LTCG by adopting market value of Rs. 9,44,98,000/- and the assessee being 1/4th share beneficiary of Rs. 2,09,62,515/-, […]

HC quashes Order passed without sufficient opportunity subject to payment of Tax of Rs. 5 Crore

January 15, 2022 957 Views 0 comment Print

Hermes I Tickets P Ltd Vs DCIT (Madras High Court) In this case The petitioner has made out a case for interference as the impugned order has been passed based on the assumption that the amount urging in the petitioner’s account during the period were ‘an unexplained income’ of the petitioner. The fact remains that […]

Sea ports exempted for PSIC for import of metallic scrap increased to 10

January 14, 2022 3057 Views 0 comment Print

Import of metallic waste and scrap from 6 safe countries / region without PSIC is now permitted from 10 designated ports including through Hazira port and Kamarajar port. As a result, the total number of sea ports exempted for PSIC for import of metallic scrap under Para 2.54 of HBP have increased from existing 08 […]

SEBI (Foreign Portfolio Investors) (Amendment) Regulations, 2022

January 14, 2022 2280 Views 0 comment Print

SEBI notifies Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2022 vide Notification No. SEBI/LAD-NRO/GN/2022/64 dated 14.01.2022.

License fees paid for right to use telecommunication spectrum is revenue expenditure

January 14, 2022 3864 Views 0 comment Print

Whether licenses fee which give assessee company long term right to use telecommunication spectrum and the annual extension of the same be considered as capital expenditures

ITAT explains Basic modus of providing bogus LTCG- Upheld addition

January 14, 2022 6018 Views 0 comment Print

Abhinav Agarwal Vs DCIT (ITAT Delhi) Snapshot of Basic modus of providing bogus LTCG 1. Merger of Unlisted companies with Listed Entity: This is the most preferred option for the persons willing to operate for the purpose of doing Long Term capital Gains. In case of the mergers with listed companies, the merger petition has […]

Disallowance cannot be made on issues which are not subject matter of limited scrutiny

January 14, 2022 1593 Views 0 comment Print

A.O. has not made any addition/disallowance on those two counts for which the case was selected for limited scrutiny, but he has made certain additions on an issue which was not the subject matter of limited scrutiny and there is nothing on record to suggest that the A.O. has taken necessary approval from the PCIT/CIT for converting the limited scrutiny to full scrutiny. Therefore, on this issue also the A.O. is not justified in making the disallowance of interest expenditure.

GST paid during Investigation shall be treated as amount paid ‘under protest’

January 14, 2022 13359 Views 0 comment Print

Aditya Energy Holdings Vs Directorate General of GST Intelligence (Madras High Court) The amount paid by the petitioner are only deposits pending proper adjudication under Section 73/74 of the CGST Act, 2017. It appears that the amounts were collected from the petitioner during March 2021, at the time when summons were also issued to the […]

Procedure for General Authorisation for Export of Chemicals & related equipments

January 13, 2022 1368 Views 0 comment Print

Paragraph 2.79G has been added in the Handbook of Procedures (HBP) of FTP Foreign Trade Policy (FTP) 2015-20 to lay down the procedure for General Authorisation for Export of Chemicals and related equipments.

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