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Judiciary

Import of custom design on a blue print was import of service liable for service tax: SC

April 11, 2023 1611 Views 0 comment Print

SC held that declaration in bill of entry as goods and acceptance under Customs cannot be determinative of transaction and import of design and drawings in a paper was import of service liable for service tax under applicable provisions.

No Section 80IB deduction on profit from DEPB / Duty Drawback Schemes: SC

April 11, 2023 1902 Views 0 comment Print

Whether Duty drawback and DEPB received as an incentive for exports can be said to be derived from the business of industrial undertaking and thus eligible for the benefits of Section 80-IB of Income-tax Act, 1961?

Subsidiary Company held as having Permanent Establishment in India

April 11, 2023 5445 Views 0 comment Print

Generally, it is seen in the Tax Treaties and Model Tax Conventions that, the Article 5 Clause 7 provides for that an entity which is resident of contracting state who is controlled by another entity who is resident of other contracting state will not be considered as PE in other contracting state.

Assessee can claim TDS credit of Interest income of deceased wife reflected in return

April 11, 2023 3378 Views 0 comment Print

ITAT Cochin held that as assessee dutifully declared interest income of deceased wife’s deposit in his return, assessee is duly eligible to get credit of his deceased wife’s TDS.

SC ruling on determining management and control for residency of a company

April 11, 2023 3210 Views 0 comment Print

Mansarovar Commercial Pvt. Ltd. Vs CIT (Supreme Court of India) Sub- What is the meaning of management and control for the purpose of determining residency of a company? Whether simply registered office of a company can be the criterion ? The Supreme Court in this case was considering interesting question as to taxability of alleged […]

Income Tax Return Filed by A Co-op Society after due Date is invalid – 80P Deduction not allowed: Kerala HC,

April 11, 2023 2679 Views 0 comment Print

Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs CIT (Kerala High Court) Disposing an IT Appeal in M/s. Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs. the Commissioner of Income Tax (I.T.A. NO.120 of 2019 dated: 14.03.2023) it is held by the Hon’ble High Court of Kerala that, a return filed by a […]

Typographical error duly proved based on revised return and CA’s certificate

April 11, 2023 1245 Views 0 comment Print

Delhi High Court held that revised return as well as chartered accountant’s certificate supports the typographical error. Accordingly, OHA directed to determine correct turnover and tax liability thereon.

Indexation from date of acquisition by previous owner available in case of transfer of asset under will

April 11, 2023 1638 Views 0 comment Print

ITAT Mumbai held that while computing capital gains arising of transfer of capital asset acquired by the assessee under the will, the indexed cost of acquisition has to be computed with respect to the year in which the previous owner first held the asset.

Order of CIT(A) suffers from lack of verification of facts and hence matter remanded

April 11, 2023 444 Views 0 comment Print

ITAT Pune remanded the matter as order of CIT(A) suffers from lack of verification of facts and applicability of legal provision in the subject matter.

Fresh refund claim under DVAT 21 not required when claim embedded in return

April 11, 2023 921 Views 0 comment Print

Delhi High Court held that there is no requirement to file a fresh claim under DVAT 21 as the claim of refund was embedded by the assessee in its return.

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