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Judiciary

Interest on Delayed TDS Payment not allowable as Business Expenditure

September 9, 2023 1827 Views 0 comment Print

Analyzing the ITAT Pune decision in the case of RBL Bank Ltd Vs DCIT on non-allowance of interest on delayed TDS payment and other key issues. A comprehensive review for financial and tax professionals.

MMR Service will be Treated as Exempted Service When the Service Provider did not Receive full Convertible Foreign Exchange within the Time Period Provided under Statute: CESTAT

September 9, 2023 432 Views 0 comment Print

CESTAT held that when there is doubt regarding documents, authority should seek clarification/explanation rather than relying on assumptions.

Section 40A(3) Terms Not Absolute; Rule 6DD Circumstances Not Exhaustive

September 9, 2023 1932 Views 0 comment Print

Explore the legal battle in Smt. Shashikala Ram Kumar vs ACIT case, analyzing additions under 40(a)(ia) & 40A(3). Understand key arguments, judicial opinions, and the Tribunal decision.

Chlorinated Paraffin Wax (liquid form) classifiable under Sub Heading 3824 90 & CBIC  clarification has a retrospective effect

September 9, 2023 342 Views 0 comment Print

Analysis of CESTAT Ahmedabad decision in Gujarat Alkalies and Chemicals Ltd vs C.C.E. & S.T., focusing on retrospective effects of CBEC clarification on excise tax for Chlorinated Paraffin.

Section 263: Revisionary power cannot be initiated on the basis of audit objection

September 9, 2023 1491 Views 0 comment Print

An in-depth analysis of the case between Majestic Properties Pvt. Ltd and PCIT at ITAT Delhi. The case examines the limitations of revisionary power under section 263 based on audit objections. Discover key outcomes and implications.

Assessee is responsible to monitor GST Portal after cancellation of GST registration

September 9, 2023 1776 Views 0 comment Print

Explore the Kerala High Court ruling in Koduvayur Constructions vs AC-Works Contract case. Understand the significance of GST portal notices and the responsibility of the assessee.

Gain from sale of equity shares is exempt under Article 13(4) of India-Mauritius DTAA

September 9, 2023 843 Views 0 comment Print

ITAT Delhi held that as shares were acquired prior to 01.04.2017, gain derived from sale of such equity shares is exempt under Article 13(4) of India-Mauritius DTAA.

Notification no. 14/2022-Central Tax inserting explanation in rule 89 of CGST Rules has prospective effect

September 9, 2023 2055 Views 0 comment Print

Jharkhand High Court held that the explanation inserted in Rule 89 (4) of CGST Rules, 2017 vide Notification No. 14/2022-Central Tax dated 05.07.2022 is not clarificatory in nature and thus will have a prospective effect.

Addition u/s 56(2)(x) of Income Tax Act in casual manner unsustainable

September 9, 2023 4551 Views 0 comment Print

ITAT Surat held that addition under section 56(2)(x) on the Income Tax Act unsustainable as addition made in casual manner without considering payment made on account of various amenities.

Failure to Prove Physical Goods Movement: Registered Dealer Purchases May be Treated as Unregistered Dealer Purchases

September 9, 2023 1002 Views 0 comment Print

Commissioner, Commercial Tax Vs Ramway Foods Ltd (Allahabad High Court) – Purchase from Registered Dealer can be treated as Purchases from Unregistered Dealer if dealer fails to prove actual physical movement of goods

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