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Archive: 24 December 2022

Posts in 24 December 2022

Disallowance u/s 40a(ia) unjustified if payee duly disclosed receipt in its return

December 24, 2022 6666 Views 1 comment Print

ITAT Kolkata held that disallowance under section 40a(ia) of the Income Tax Act for non-deduction of TDS untenable if payee has duly disclosed the receipt of the impugned payment in their return of income.

Expenditure to make lease premises workable/ functional is revenue in nature

December 24, 2022 1791 Views 0 comment Print

ITAT Chennai held that expenditure towards furniture maintenance which is incurred to make the lease premises workable and functional is revenue in nature.

Claiming exemption under wrong section is rectifiable u/s 154 of the Income Tax Act

December 24, 2022 3378 Views 0 comment Print

ITAT Kolkata held that inadvertent mistake of claiming exemption under section 10(23C)(vi) of the Income Tax Act instead of section 10(23C)(iiiab) of the Income Tax Act is mistake apparent from record which is rectifiable under the provisions of section 154 of the Income Tax Act.

Condonation of delay based on sympathy/ benevolence not grantable

December 24, 2022 2052 Views 0 comment Print

ITAT Jaipur held that condonation of delay cannot be granted merely on the basis of sympathy or benevolence. Further, condonation of delay rejected alleging lack of diligence and inaction on the part of the assessee.

Reopening of assessment without valid reason is bad in law

December 24, 2022 1407 Views 0 comment Print

ITAT Mumbai held that reopening of assessment without valid reason or intangible material, merely on the basis of information from Electricity Authroity, is not sustainable in the eye of law.

Receipt under Master Franchise Agreement is not royalty or FTS or FIS

December 24, 2022 897 Views 0 comment Print

ITAT Delhi held that amount received under the Master Franchise Agreement cannot be treated either as royalty or Fee for Technical Services (FTS) or FIS and hence addition deleted.

Interest payable by department on refund of seized currency

December 24, 2022 1782 Views 0 comment Print

CESTAT Delhi held that once the confiscation of seized currency is set aside, the appellant is entitled for refund of said seized currency along with interest. Department cannot deny payment of interest merely for the reason that there is no express statutory provision for the same

Penalty u/s 271(1)(c) unsustainable in absence of concealment of income or furnishing of inaccurate particulars

December 24, 2022 4143 Views 0 comment Print

ITAT Mumbai held that estimated rate of profit applied on the alleged non-genuine purchases doesnt amount to concealment of income or furnishing inaccurate particulars. Accordingly, penalty u/s 271(1)(c) of the Income Tax Act unsustainable.

Proceedings initiated after prelude of GST under KVAT valid because of savings clause

December 24, 2022 1650 Views 0 comment Print

Kerala High Court held that proceedings initiated under Kerala Value Added Tax Act, 2003 (KVAT Act) after prelude of GST is valid on the basis of proceedings covered by the savings clause of section 174(2) of the Kerala State Goods and Services Tax Act, 2017 (KSGST Act).

Preventive Detention U/s 3 of Cofeposa Act is not sustainable if Legible & Translated Copies of Ruds not supplied to Detenue

December 24, 2022 1875 Views 0 comment Print

HC held that Preventive Detention Under Section 3 of Cofeposa Act Is Not Sustainable If Legible And Translated Copies of Ruds  Not Been Supplied to Detenue

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