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Archive: April, 2023

Posts in April, 2023

ITAT dismisses Appeal of HUF whose Karta was expired for non-pursual

April 26, 2023 1017 Views 0 comment Print

Ishwarbhai Madhavlal Patel-HUF Vs ITO (ITAT Ahmedabad) In the present case, the Karta of HUF having expired in the year 2021 itself when this information was first provided and since then revised Form No. 36 in the name of the legal-heirs or representative of the deceased-assessee is not be filed as provided in Rule 26 […]

Section 68 & 115BBE cannot be invoked if assessee not required to maintain books of account

April 26, 2023 3984 Views 1 comment Print

Section 68 cannot be invoked if Assessee not required to maintain books of account. Section 115BBE comes into operation only in case of income referred in Section 68/69/69A/69B/69C and 69D

TDS on Salary needs to be deducted only at the time of making such payment

April 26, 2023 5415 Views 0 comment Print

No TDS deduction at source on Salary is contemplated under Section 192 in cases where a payment towards salary has accrued but is not made.

Ad-hoc disallowance without pointing out specific defects in documents furnished is unjustified

April 26, 2023 2151 Views 0 comment Print

Without pointing out specific defects in documents furnished, disallowance on ad-hoc basis for failure to furnish all documentary evidence is unacceptable

No service tax on training of officers outside India by a foreign agency

April 26, 2023 1278 Views 0 comment Print

Training of officers by a foreign agency was performed outside of India. Therefore, there cannot be any liability of Service Tax.

Same addition cannot be made under Both Income Tax & Black Money Act

April 26, 2023 1728 Views 0 comment Print

ITAT held that once additions been made under Black Money Act the same addition cannot be made under Income Tax Act on the same set of facts

Scrap generated during the process of manufacture is not liable to excise duty

April 26, 2023 1992 Views 0 comment Print

Waste and scrap are emerging as by-products during the course of manufacture of other products and therefore are not exigible to excise duty.

DEPB license obtained based on fabricated documents – Penalty upheld

April 26, 2023 993 Views 0 comment Print

DEPB licences sold by the appellant were based on fabricated documents showing export of goods to Bangladesh through Land Customs Station

Lorry hire charges cannot be disallowed U/s. 69C if source been duly explained

April 26, 2023 1338 Views 0 comment Print

Addition has been made as unexplained expenditure u/s 69C of the Act which is incorrect and against the provision of Act as the said explanation deals with the disallowance and addition of expenditure the source whereof is not explained by the assessee.

Addition for cash deposit in bank based on reopening without application of mind deleted

April 26, 2023 2082 Views 0 comment Print

Basic fact that assessee is not eligible for filing return of income was not taken into account and therefore, there was no application of mind while recording reasons for reopening.

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