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Judiciary

HC stays proceedings under GST till conclusion of proceedings before NCLT & lifting of moratorium

May 25, 2023 3138 Views 0 comment Print

In Associate Décor Limited Vs Deputy Commissioner case, Karnataka HC weighs moratorium’s effect on tax proceedings under IBC, halting them pending resolution.

Lability to pay GST on initial & interim advance

May 25, 2023 1170 Views 0 comment Print

Whether the applicant is required to pay GST on ‘initial advance’ of 5% and ‘interim’” advance of 7.5% on Ex works value of goods supplied

ITAT upheld Disallowance by CPC for delayed deposit of employees’ contribution to PF/ESI

May 24, 2023 8280 Views 0 comment Print

Disallowance made by CPC on account of delayed deposit of employees’ contribution to PF/ESI u/s 36(1)(va) rws 2(24)(x) of Act u/s 143(1) of Act is correct.-ITAT Kolkata

Penalty u/s 271(1)(c) not leviable as addition made on account of difference of opinion

May 24, 2023 2190 Views 0 comment Print

ITAT Jaipur held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as addition made on account of meager amount and on account of difference of opinion only.

New property cost for exemption u/s 54 has to be as per collaboration agreement & sale deed

May 24, 2023 1332 Views 0 comment Print

ITAT Delhi held that cost of new property for the purpose of exemption under section 54 has to be assumed to be value of interests and share in the new construction, as per the collaboration agreement and the sale deed terms.

Disallowance u/s. 14A cannot be more than exempt income

May 24, 2023 699 Views 0 comment Print

ITAT Delhi held that disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

Expenditure towards ESOP is allowable deduction u/s 37

May 24, 2023 1245 Views 0 comment Print

ITAT Bangalore held that expenditure towards Employees Stock Option Plan (ESOP) is allowable deduction u/s 37 of the Income Tax Act.

Registration u/s 12AA not granted to trust existed for benefit of particular section of Hindu religion

May 24, 2023 1203 Views 0 comment Print

Arulmigu Aathi Karumapuram Sellandiamman Kudipaattukarakal Seva Trust Vs CIT (ITAT Chennai) Registration u/s 12AA not granted to trust existed for benefit of particular section of Hindu religion ITAT Chennai held that registration under section 12AA of the Income Tax Act is not granted to the trust which existed only for the benefit of a particular […]

TDS not deductible on payment of compensation to Cricket South Africa

May 24, 2023 762 Views 0 comment Print

ITAT Mumbai held that the payment of compensation to CSA (Cricket South Africa) under the Termination Agreement is also not taxable under the provisions of the India-South Africa DTAA. Since the payment is not chargeable to tax in India in the hands of CSA, therefore, there is no obligation on the assessee to deduct tax at source under section 195 of the Act.

Amended notification no. 164 of 2003 is in line with provisions of section 25(1) of Customs Act

May 24, 2023 861 Views 0 comment Print

Supreme Court held that amended notification no. 164 of 2003 dated 11th November 2003 shifting the concessional benefit from “High Speed Cold-Set Web Offset Rotary Printing Machine with minimum speed of 70,000 copies per hour” to “High Speed Cold-set Web Offset Rotary Double Width Four Plate Wide Printing Machine with a minimum speed of 70,000 copies per hour” is in line with provision of section 25(1) of the Customs Act, 1962.

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