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Archive: May, 2023

Posts in May, 2023

Penalty u/s 271(1)(c) not leviable on addition due to difference of opinion

May 1, 2023 2271 Views 0 comment Print

ITAT Kolkata held that penalty u/s 271(1)(c) of the Income Tax Act not leviable as computation of income resulting into higher income is only a difference of opinion.

Enhancement of amount without issuance of notice by CIT(A) unjustified

May 1, 2023 1467 Views 0 comment Print

Uttarakhand High Court held that issuance of notice by Commissioner (Appeals) mandatory in terms of section 251(2) of the Income Tax Act before enhancing the assessment.

Addition u/s 68 sustained as no explanation of nature and source of credit provided

May 1, 2023 987 Views 0 comment Print

ITAT Delhi held that addition of unexplained credit u/s 68 of the Income Tax Act sustained as the appellant failed to provide any explanation with regard to the nature and source of the credit.

Value of bought out items supplied with manufactured goods not includible in assessable value

May 1, 2023 1236 Views 0 comment Print

CESTAT Ahmedabad held that value of bought out items supplied along with manufactured goods cannot be included in the assessable value of the manufactured goods.

Deduction u/s 80IAB available to interest income from FD, customer’s receipts and business advances

May 1, 2023 1314 Views 0 comment Print

ITAT Ahmedabad held that interest income related to FD interest, interest from customer’s receipts and interest income from business advances is eligible for deduction under section 80IAB of the Income Tax Act.

Waiver of cash loan not income within the purview of section 28(iv)

May 1, 2023 1665 Views 0 comment Print

ITAT Pune held that waiver of cash loan by holding company is not income within the purview of section 28(iv) of the Income Tax Act. Accordingly, addition unsustainable.

Writ not entertained as effective alternative remedy u/s 144C available

May 1, 2023 1314 Views 0 comment Print

Telangana High Court held that writ jurisdiction under Article 226 of the Constitution of India not invocable as adequate and effective alternative remedy under Section 144C of the Act by way of filing objections before the Dispute Resolution panel available to the petitioner.

Notional rent should be computed on the basis of municipal rateable value

May 1, 2023 2424 Views 0 comment Print

ITAT Mumbai held that while computing notional rent, rent should be estimated on the basis of municipal rateable value.

‘MIRACULAN’ containing 0.05% Traicontanol is product under category of insecticides

May 1, 2023 1050 Views 0 comment Print

CESTAT Ahmedabad held that the product MIRACULAN which primarily contains Traicontanol 0.05% by weight is a product under the category of Insecticides and cannot be considered as the plant growth regulator.

GST: HC quashes Ex-parte order passed merely on SIB report without providing report

May 1, 2023 3489 Views 0 comment Print

Order falls short of principle of natural of justice as admittedly SIB report, which is foundation was never supplied to petitioner, no hearing was granted to petitioner under section 75(4) of Act

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