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Calcutta HC's Order In Case of Vodafone Idea Limited Vs Commissioner Of Income Tax

Calcutta HC: Mobile Service Provider Cannot Be Obliged to Deduct TDS on Income Earned by Supplier

It was ruled by the Calcutta High Court that cellular mobile service providers are not obliged to deduct the tax at source (TDS) on income received by distributors/franchisees from customers. The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has relied on the Supreme Court’s decision in the case of Bharti Cellular Limited […]

Chennai CESTAT's Order for M/s. Indian Additives Ltd. Appellant

Chennai CESTAT: Service Tax Can’t Be Payable on TDS for Foreign Service Provider

No service tax is liable to get paid on TDS paid on behalf of a foreign service provider, The Chennai Bench of Custom, Excise, and Service Tax Appellate Tribunal (CESTAT) ruled. TDS deposited to the Income Tax Department concerning the payment completed to the foreign service provider over and above the invoice value of the […]

Bangalore ITAT's Order In The Case of Laxmilal Badolla Vs NFAC

ITAT Bangalore: No Tax Penalty U/S 271D for Cash Receipts If Reasonable Cause Exists

In the matter of Laxmilal Badolla vs. NFAC (ITAT Bangalore), the issue is concerned with the levying of penalty u/s 271D of the Income Tax Act, 1961, concerning cash receipts in the course of the AY 2016-17. A Detailed summary of the judgment delivered by the ITAT Bangalore has been stated below- Backdrop: Laxmilal Badolla, […]

CA Day Offer Tax Software

2024 CA Day: Flat 50% Off on Tax, Payroll, and ROC Software

Like every year, SAG Infotech brings exclusive discounts on its wide range of software solutions designed for CA professionals and experts. On the occasion of CA (Chartered Accountant) Day on July 1, 2024, the company offers a flat 50% discount on select tax, ROC/MCA, and payroll software, except GST. The company product portfolio includes Genius, […]

MP State Ministers Must Be Ready to Pay Income Tax

Madhya Pradesh State Cabinet Overturnes a 1972 Rule, Now Ministers to Pay Income Tax

The Madhya Pradesh Cabinet decided that state ministers shall pay their income tax on salaries and allowances, striking down a 1972 rule under which the state government paid it for them. Urban Administration Minister Kailash Vijayvargiya expressed the proceed was proposed by Chief Minister Mohan Yadav at the time of the Cabinet meeting. “The Chief […]

Kerala HC’s Order in the Case of Balan Panicker Ramesh Kumar Vs. Union of India

Kerala HC: No Income Tax Exemption for Employees on Earned Leave Encashment Without Government Notification

Kerala High Court ruled that employees cannot claim income tax exemption without government notification fixing the income limit for earned leave salary. Balan Panicker Ramesh Kumar, an applicant asked for the guidance of the respondent department to examine the income limit for tax purposes on earned leave salary u/s 10AA(ii) of the Income Tax Act, […]

Delhi ITAT's Order In Case of Sumit Maheshwari Vs ITO

Delhi ITAT Cancels Penalty U/S 271(1)(b) as Tax Notice Sent to Old Address Without Confirmation

In the matter of Sumit Maheshwari vs. Income Tax Officer (ITAT Delhi), the appeal emerged from a penalty levied u/s 271(1)(b) of the Income Tax Act, 1961 for non-compliance with a notice issued u/s 142(1) of the Act. The issue was whether the penalty was explained given the possibilities covering the service of notices by […]

Delhi HC's Order In Case of GE Capital Us Holdings Inc Vs DCIT

Non-payment Due to Uncertain Legal Position Doesn’t Come Under Misreporting: Delhi HC Cancels Tax Penalty U/S 270A

During quashing an SCN issued via the department for initiation of penalty proceedings under section 270A in a vague manner, a categorical finding of ‘misreporting/ under-reporting’ is essential for the levy of penalty under section 270A, Delhi HC ruled. An order dismissing immunity asserted via taxpayer u/s 270AA and dropping the penalty proceedings under section […]

Mumbai ITAT's Order in Case of Gartner Ireland Ltd Vs. DCIT

Mumbai ITAT: Income Earned from Reselling Subscription-Based Products Comes Under Royalty

The income from the reselling of subscription-based products is royalty, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer has sold the digital product as well as all copyrights therein, which squarely drops under the definition of ‘royalty’ both under Article 12 of the Double Taxation Avoidance Treaty (DTAA) between India and […]

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