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Archive: 27 May 2023

Posts in 27 May 2023

Taxation Rules for Leave Encashment – Brief Overview

May 27, 2023 13872 Views 1 comment Print

Explore the taxation rules for leave encashment, covering taxability during service, retirement, and for legal heirs. Stay updated with the latest CBDT relief, raising the exemption limit to ₹25 lakh for non-government salaried employees, effective April 1, 2023. Learn about the conditions under Section 10 of the Income Tax Act and stay informed about the tax benefits available to employees for leave encashment.

GST: Attachment of bank account without any tangible material is unsustainable

May 27, 2023 1935 Views 0 comment Print

Delhi High court held that attachment of bank account under section 83 of the Central Goods and Services Tax Act, 2017 merely on the basis of suspicion and without any tangible material is unsustainable.

Assessee being a local authority is not chargeable to Income tax

May 27, 2023 2850 Views 0 comment Print

ITAT Delhi held that the assessee (M/s. Cane Development Council Titawi) being a local authority are not chargeable to tax in terms of section 10(20) of the Income Tax Act.

Order passed against a non-existing company is liable to be quashed

May 27, 2023 1104 Views 0 comment Print

ITAT Delhi held that the assessment order passed against a non-existing company is void ab initio and hence liable to be quashed.

Confiscation of gold merely based on retracted statements unjustified

May 27, 2023 2007 Views 0 comment Print

CESTAT Kolkata held that gold bars/ pieces cannot be proved to be smuggled merely relying on the retracted statements without any other corroborative evidence. Accordingly, confiscation unjustified.

Addition sustained as onus not discharged by the assessee

May 27, 2023 1281 Views 0 comment Print

ITAT Delhi held that addition sustained as onus to prove genuineness of the transaction is not proved by the assessee.

Taxing under capital gain can be burdened only when cost of acquisition is established

May 27, 2023 2247 Views 0 comment Print

ITAT Delhi held that to burden assessee with capital gain arising out of transfer of immovable property or an interest in it, the cost of acquisition is necessarily to be established. Here, cost of acquisition of so called right of preemption is considered as NIL. Hence, computation provisions fail, therefore capital gains could not have been calculated.

UDF collected by airport operation, maintenance and development entities is not leviable to service tax

May 27, 2023 2172 Views 0 comment Print

Supreme Court held that User Development Fee (UDF) is in the form of ‘tax or cess’ collected for financing the cost of future projects and is not a consideration for services provided by the assessee to the customer, visitors, passengers, vendors etc.

Trade payable duly explained hence addition u/s 68 unjustified

May 27, 2023 2874 Views 0 comment Print

ITAT Chennai held that trade payable appearing in the books of accounts duly explained. Accordingly, addition towards the same u/s 68 of the Income Tax Act is unjustified and liable to be deleted.

Addition u/s 68 sustained as identity and creditworthiness of lenders not proved

May 27, 2023 1020 Views 0 comment Print

ITAT Raipur held that addition towards unexplained cash credits u/s 68 of the Income Tax Act sustained as assessee failed to prove the identity and creditworthiness of lenders of unsecured loans.

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