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Archive: May, 2023

Posts in May, 2023

Addition u/s 68 unsustainable as repayment of loan is made in assessment year itself

May 23, 2023 6498 Views 0 comment Print

Ganesh Ganpat Alim Vs ITO (ITAT Surat) ITAT Surat held that addition under section 68 of the Income Tax Act should not be made when repayment of loan is made in the assessment year itself. Facts- During the assessment proceedings, AO got information from investigation wing that M/s Delight Diam P Ltd. and M/s Bafna […]

Provisions of section 68 not attracted as investment by investor companies explained

May 23, 2023 2529 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act are not attracted as the investment by the investor companies is duly explained. Further, identity, genuineness of transactions and creditworthiness of investor companies duly proved.

Penalty u/s. 271AAA not imposable as undisclosed income admitted in statement recorded u/s 132(4)

May 23, 2023 2262 Views 0 comment Print

ITAT Delhi held that penalty under section 271AAA not imposable as undisclosed income admitted in the statement recorded u/s 132(4) and specifies the manner in which the income was derived.

Notification No. 38/2023-Customs (N.T.), Dated : 23.05.2023

May 23, 2023 4200 Views 2 comments Print

(xvi) Village Dahej, Taluka Vagra, Distt, Bharuch for unloading of imported goods and loading of export goods Notification No. 38/2023-Customs (N.T.), Dated : 23.05.2023

Bogus expenditure incurred in earlier years can be taxed in subsequent years

May 23, 2023 2466 Views 0 comment Print

ITAT Delhi held that the revenue can bring expenditures incurred in earlier years to be taxed in subsequent years if it is proved that the expenditure incurred was bogus.

Evidence or material discovered during inspection can be utilised if relevance is established

May 23, 2023 1524 Views 0 comment Print

Orissa High Court held that the date when the material was discovered is not relevant. What is relevant is the nature of evidence or material discovered during the inspection. It cannot be utilized for making assessment for other years unless their relevance to any other period is established.

Section 45(5A) inserted vide Finance Act 2017 doesn’t have retrospective effect

May 23, 2023 3732 Views 0 comment Print

Patna High Court held that sub-section (5A) of section 45 inserted by way of an amendment in the Finance Act, 2017, expressly stated to be effective from 01.04.2018 cannot be treated as retrospective.

Chapter X cannot be invoked for making TP adjustment in case of AMP expenses

May 23, 2023 1107 Views 0 comment Print

ITAT Mumbai held that provisions of Chapter X cannot be invoked for making a TP adjustment in case of Advertisement, marketing and promotion (AMP) expenses.

Penalty u/s 271C not imposable as reasonable cause shown for non-deduction of TDS

May 23, 2023 1821 Views 0 comment Print

ITAT Indore held that non-deduction of TDS due to genuine and bona fide belief is reasonable cause under section 273B and accordingly penalty u/s 271C not imposable.

Auditor’s Role and Responsibility in Identifying & Curbing Fraudulent Accounting in India

May 23, 2023 8397 Views 0 comment Print

In recent times, India has seen an exponential increase in the number of fraudulent activities reported. According to the National Crime Records Bureau, India’s total reported fraud cases rose from 352 in 2015 to 2103 in 2019, which is a 496% jump in a span of five years.

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