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Archive: 08 March 2023

Posts in 08 March 2023

Refund claim of service tax paid on input services wholly consumed within SEZ is duly allowable

March 8, 2023 1107 Views 0 comment Print

CESTAT Mumbai held that refund claim of service tax paid on input services which are wholly consumed within SEZ cannot be denied.

BIADA directed to recall cancellation order on acceptance of undertaking by petitioner

March 8, 2023 2538 Views 0 comment Print

Patna High Court directed BIADA (Bihar Industrial Area Development Authority) to immediately recall the order of cancellation of allotment of impugned premises as the petitioner accepted the undertaking and accepted to pay the pending dues as per the undertaking.

Recourse to section 263 justifiable on concluding that AO committed an error in law

March 8, 2023 696 Views 0 comment Print

Delhi High Court held that recourse to provisions of section 263 of the Income Tax Act sustained as prima facie view concludes that AO has committed an error in law.

Capital gain not taxable in the hands of person who sold property as attorney

March 8, 2023 2535 Views 0 comment Print

ITAT Delhi held that capital gain cannot be taxed in the hands of the person who sold the property as attorney of the owner. The same is taxable only in the hands of the owner of the property.

Exemption u/s 11 available as there is no profit motive in activity carried out by society

March 8, 2023 882 Views 0 comment Print

Delhi High Court held that in absence of any profit motive in the activity of assessee-society and also profit so generated is ploughed back for charitable activities. Exemption benefit under section 11 duly available.

Surcharge leviable in case of firm if its total income exceeds INR 1 crore

March 8, 2023 816 Views 0 comment Print

ITAT Hyderabad held that mentioning of firm in 2(3)(b) of the Finance Act, 2018 excludes it from 2(3)(a). Accordingly, in case of firm, surcharge is leviable only when its total income exceeds INR 1 crore and not otherwise.

TDS u/s 192 deductible on commission paid to whole time director as it forms part of salary

March 8, 2023 5271 Views 0 comment Print

Indofil Industries Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that assessee is liable to deduct tax at source in respect of commission expenses payable to the whole time directors under section 192 of the Income Tax Act only, as the same shall form part of their salary payment only. Facts- The assessee company is […]

Representation against tax due to Non submission of application for renewal of registration by charitable trusts

March 8, 2023 7689 Views 0 comment Print

Non submission of application for renewal of registration by charitable organizations liable for tax at maximum marginal rate (MMR) under section 115TD of Income Tax Act, 1961 – A cause of concern for unintentional lapse.

Mere wrong mention of section not fatal to addition

March 8, 2023 2352 Views 0 comment Print

Unexplained bank deposits cannot be considered under Section 68 and it falls under Section 69A. However, mentioning a wrong section by AO is not fatal.

In limitation issue Appellate authority should decide the matter instead of remanding back  

March 8, 2023 954 Views 0 comment Print

Rudraksh Detergent And Chemicals Pvt Ltd Vs C.C.E.-Kutch (CESTAT  Ahmedabad) The issue involved in the present case is that whether the re-credit claimed by the appellant is correct or not in terms of para 2C of area based exemption Notification No. 39/2001- CE dated 31.07.2001. This appeal was filed against the Commissioner (Appeals) order whereby […]

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