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Archive: 22 April 2023

Posts in 22 April 2023

Warehouse Charges paid without TDS deduction disallowable u/s 40(a)(ia)

April 22, 2023 3249 Views 0 comment Print

ITAT Pune confirms disallowance under Section 40(a)(ia) for failure to deduct TDS on warehouse charges, emphasizing tax compliance in Vandana Dinehkumar Inani Vs ITO case.

60% Depreciation Allowable on Software Licenses

April 22, 2023 1440 Views 0 comment Print

w.e.f. 1.4.1999 computer software been included with computers for rate of depreciation in Rules, entitling assessee to 60% depreciation rate

Service Tax on Brand Promotion Payment by Nike India during IPL to players

April 22, 2023 450 Views 0 comment Print

CESTAT Ahmedabad exempts IPL player Ajitesh Kamlesh Argal from service tax on remuneration, setting a precedent on employment vs brand promotion in sports.

HC quashes section 148 notice issued to Amalgamated Company

April 22, 2023 1089 Views 0 comment Print

Section 148 notice issued on non-existing company in spite of revenue having notice and knowledge of non-existence of such Company is quashed

HC dismisses State application for condonation of Delay of 3502 days

April 22, 2023 330 Views 0 comment Print

Revision under Section 55 of Uttarakhand VAT Act to assail order dated 22.04.2013, with application to seek condonation of delay of 3502 days

Purchase treated as accommodation entries without considering documents – HC set-aside order

April 22, 2023 723 Views 0 comment Print

Delhi High Court sets aside a tax notice against Majestic Handicraft Private Limited, challenging the claim of accommodation entries.

Section 43B not apply to External Development Charges payable to HUDA

April 22, 2023 783 Views 0 comment Print

Addition u/s 43B on account of External Development Charges (EDC) not paid to HUDA before due date of filing return of income not justified

Inordinate & Unexplained Delay in appeal – HC denies Condonation

April 22, 2023 870 Views 0 comment Print

It is well settled that each day of delay in filing has to be explained. In present case, there are large gaps in time period for which no ostensible reason been provided.

No Section 271B penalty if provisions of Section 44AB not applicable to assessee

April 22, 2023 1365 Views 0 comment Print

As the turnover of the assessee was less than the prescribed limit fixed for tax audit, provisions of Section 44AB of the Act are not applicable to the assessee. When the provisions of Section 44 AB of the Act are not applicable to the facts of the case, levy of penalty under Section 271B of the Act does not arise.

Share application money is not loan or deposit to levy section 271D penalty

April 22, 2023 675 Views 0 comment Print

Share application money is not loan or deposit and hence not falls u/s 269SS of the Act and penalty u/s 271D cannot be levied.

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