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Archive: 28 April 2023

Posts in 28 April 2023

ITAT deletes addition for Cash deposit during demonetization out of Alimony

April 28, 2023 1968 Views 0 comment Print

Deepa Satish Borse Vs  Income Tax Officer (ITAT Pune) ITAT held that once it has come on record that the assessee’s matrimonial matter has already supported her case of having received the impugned sum by way of cash prior to demonetization for maintenance of herself and their sole girl child followed by similar arrangement post […]

No interest on ITC wrongly availed but not utilised

April 28, 2023 6549 Views 0 comment Print

When ITC has been wrongly availed and utilized with a revenue impact, that interest liability is attracted. Making it clear that it is only in situations where there is a revenue impact that interest will become chargeable.

CESTAT upheld denial of Cenvat Credit on failure to produce evidence in support of job work claim

April 28, 2023 393 Views 0 comment Print

A manufacturer of finished goods is allowed the benefit of availment of CENVAT Credit on any inputs used in the manufacture of intermediate goods, processed by way of job work, availing the benefit of exemption as contained in MF, DR Notification No. 214/86-CE dated 25.03.1986, and received by them for use in or in relation to, the manufacture of final product.

Order not erroneous if AO followed decision of High Court holding the field

April 28, 2023 942 Views 0 comment Print

PCIT Vs SPPL Property Management Pvt. Ltd. (Calcutta High Court) Tribunal concluded that on both these issues, namely with regard to the provisions for doubtful debts and air-conditioner expenses, the assessing officer had conducted a detailed enquiry and thereafter completed the assessment. Secondly, it was held that the PCIT had erred in invoking the revisional […]

No service tax on liquidated damages for breach of any contract terms

April 28, 2023 978 Views 0 comment Print

No service tax can be levied on the amount collected towards liquidated damages or penalty for breach of any of the terms of the contract.

Customs Broker Licence cannot be revoked for relying on data available on Govt websites

April 28, 2023 309 Views 0 comment Print

ARS International Vs Commissioner of Customs (CESTAT Chennai) Brief facts of the case are that the appellant is a holder of Customs Broker license issued by Commissioner of Customs, Tuticorin and is also transacting business at Bengaluru, Chennai, Mumbai and New Delhi. As per the investigation report dated 23.7.2020, a specific intelligence was received by […]

Section 80P deduction eligible on Interest from staff welfare fund & staff loan

April 28, 2023 1266 Views 0 comment Print

Interest from staff welfare fund, interest income from staff loan, charges for closing flexi account and fine against non-payment of R/D amount due in time are eligible for deduction u/s 80P(2)(a)(i).

Section 271(1)(c) penalty not Leviable on Deletion of Quantum Addition

April 28, 2023 1413 Views 0 comment Print

In the present case, the very addition in the declared income has been deleted by the Tribunal therefore, there is no foundation to compute the penalty upon the assessee. In view of the deletion of the additions in the quantum appeal, no penalty is imposable upon the assessee.

ITAT allows sales promotion expenses incurred through credit card

April 28, 2023 837 Views 0 comment Print

Binayak Hi-Tech Engineering Ltd. Vs ITO (ITAT Kolkata) The Assessing Officer observed from the evidence furnished by the assessee that during the year, the assessee has incurred sales promotion expenses to the tune of Rs.10,51,242/-. The Assessing Officer noted that these payments were made towards payment of credit card bills of Ms. Priyanka Jhunjhunwala and […]

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