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Judiciary

Cancellation of GST registration without ascribing any reason is invalid

April 25, 2023 7428 Views 0 comment Print

No reason ascribed for cancellation of GST registration. Such order without any application of mind and is set aside.

Expenditure for any purpose which is an offence or which is prohibited by law is not deductible: SC

April 25, 2023 4653 Views 0 comment Print

As a consequence, any loss incurred by way of an expenditure by an assessee for any purpose which is an offence or which is prohibited by law is not deductible in terms of Explanation 1 to Section 37 of the Act.

Assessment order against Deceased despite Knowledge of his death is invalid

April 25, 2023 1485 Views 0 comment Print

AO even after knowing about death of assessee, framed assessment in the name of Deceased which is bad in law and so assessment is annulled

Penalty u/s 271(1)(c) not leviable as deduction claimed under bonafide belief

April 25, 2023 1728 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271(1)(c) of the Income Tax Act not leviable as assessee claimed the deduction u/s. 80P(2)(a)(i) of the Act, with respect to the interest income under a bonafide belief.

Dividend to non-resident shareholder attracting rates u/s 115-O doesn’t have lower rate benefit under DTAA

April 25, 2023 3786 Views 0 comment Print

ITAT Mumbai held that dividend declared, distributed or paid by a domestic company to a non-resident shareholder will attract Additional Income Tax (Tax on Distributed Profits) referred to in Sec.115-O of the Act and not at the rate of tax applicable to the non-resident shareholder(s) as specified in the relevant DTAA.

Distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195

April 25, 2023 912 Views 0 comment Print

ITAT Bangalore held that distribution fees paid by Google India Private Ltd. (Google India) cannot be treated as DAPE (Dependent Agent Permanent Establishment) of Google Ireland Ltd (Google Ireland). Accordingly, distribution fees paid by Google India to Google Ireland doesn’t attract TDS u/s. 195.

TDS not deductible as reimbursement to member companies by PII doesn’t qualify as fee for technical service

April 25, 2023 426 Views 0 comment Print

ITAT Mumbai held that reimbursement of Indian salary and other benefits to the member companies by PII pertaining to all seconded personnel, technical personnel whether posted in India or overseas is not fee for technical services within the ambit of definition of explanation 2 to section 9(1)(vii) of the Act. Hence, TDS not deductible.

Revisional jurisdiction u/s 263 not invocable as order passed by AO doesn’t satisfy twin conditions

April 25, 2023 1836 Views 0 comment Print

ITAT Mumbai held that action of Pr. CIT invoking jurisdiction u/s 263 of the Income Tax Act unjustified as order passed by the A.O. does not satisfy the twin conditions of erroneous and prejudicial to the interest of the revenue.

Benefit of exemption notification no. 102/2007 not deniable alleging imported goods were sawn and sold in DTA

April 25, 2023 432 Views 0 comment Print

CESTAT Ahmedabad held that the benefit of exemption Notification No. 102/2007 cannot be denied merely because the imported goods were of logs whereas the same were sawn and sold in DTA.

NABARD Consultancy Services withdraw Advance Ruling Application

April 25, 2023 630 Views 0 comment Print

Read about the withdrawal of the Advance Ruling Application by NABARD Consultancy Services Private Limited in GST AAR Rajasthan. Understand the implications of the withdrawal and the absence of a ruling in this case.

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