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Archive: 13 June 2023

Posts in 13 June 2023

Section 153C: ITAT Delhi dismisses Revenue’s Appeal due to Lack of Jurisdiction

June 13, 2023 600 Views 1 comment Print

The ITAT Delhi has dismissed the Revenue’s appeal in the case of ACIT vs. Cogent Realtors Pvt. Ltd. The appeal was dismissed based on the lack of jurisdiction under Section 153C of the Income Tax Act due to the absence of incriminating material. The disallowance made by the Assessing Officer was also found to be unsustainable.

GST Search authority can pass order of demand & penalty under Section 130

June 13, 2023 993 Views 0 comment Print

Orissa High Court confirms the jurisdiction of the search and seizure authority to pass an order of demand and penalty under Section 130 of the OGST/CGST Act.

ITAT Pune Upholds Section 271B Penalty for Failure to File Audit Report

June 13, 2023 375 Views 0 comment Print

ITAT Pune upholds penalty under Section 271B against Santosh Swarupchand for not filing an audit report, citing contradictions in an accountant’s affidavit.

ITAT Restores Matters for Fresh Decision by CIT(A) to grant Assessee fair opportunity

June 13, 2023 540 Views 0 comment Print

In a recent case, the ITAT found that the assessee did not receive a fair opportunity to represent its case before the first appellate authority due to circumstances beyond its control. As a result, the ITAT set aside the first appellate authority’s orders and restored the matters for a fresh decision.

Government Grants for specific purpose cannot be treated as Income of Assessee

June 13, 2023 1608 Views 0 comment Print

In a recent case (Howrah Improvement Trust vs. DCIT) heard by ITAT Kolkata, the addition of government grants as corpus or income was deleted.

Lessor’s Right to Depreciation on Leased Assets in Finance Lease Upheld by ITAT Delhi

June 13, 2023 3261 Views 0 comment Print

In a recent case (DCIT vs. Religare Finvest Ltd) heard by ITAT Delhi, it was ruled that lessor is entitled to claim depreciation on leased assets under a finance lease agreement.

Foreign Currency Convertible Bond expenses included as FCCB premium expense is allowable

June 13, 2023 492 Views 0 comment Print

ITAT Mumbai held that FCCB i.e. Foreign Currency Convertible Bond expenses included as part of FCCB premium expenses is allowable.

Arbitral award can be regarded as enforceable only if it is actually executable

June 13, 2023 2097 Views 0 comment Print

Delhi High Court held that the award can be regarded as enforceable only if it is actually executable. Accordingly, the Final Partial Award passed by the Arbitral Tribunal is unenforceable award.

Grant of anticipatory bail rejected as offence of fictitious registration under GST primarily established

June 13, 2023 600 Views 0 comment Print

Punjab and Haryana High Court dismissed the petition for grant of anticipatory bail in the case of fictitious firm/ company registration under GST as an offence is prima facie established against the petitioner.

No Section 271(1)(b) Penalty if Assessment completes U/s. 143(3)

June 13, 2023 3561 Views 0 comment Print

Explore the outcome of Ramabhai Kanjibhai Patel vs DCIT where the ITAT Surat negates penalty under Income Tax Act Section 271(1)(b) when the assessment gets completed under Section 143(3).

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