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Archive: 14 June 2023

Posts in 14 June 2023

Receipt of fabrication charges from Associate Enterprise outside the purview of FTS

June 14, 2023 387 Views 0 comment Print

ITAT Mumbai held that fabrication charges received from Associate Enterprise doesn’t fall under the purview of fees for technical services (FTS) and accordingly not taxable in India.

Allotment letters should be considered as ‘agreement to sell’ for section 56(2)(x)

June 14, 2023 5394 Views 0 comment Print

ITAT Mumbai held that allotment letters issued for purchase of flat should be considered as ‘Agreement to sell’ for the purpose of section 56(2)(x) of the Income Tax Act.

GST Dept cannot ignore appellate authority’s order stating that it proposes to appeal against said order

June 14, 2023 1077 Views 0 comment Print

Delhi High Court held that department cannot ignore an order passed by the appellate authority merely stating that it proposes to file an appeal against the said order.

Section 69 addition unjustified on Late Demonetisation Cash Deposit

June 14, 2023 492 Views 0 comment Print

The Income Tax Appellate Tribunal, Delhi, in the case of Raj Kumar Vs ACIT, held that a S. 69 addition is not sustainable based on a mere delay in deposit during the demonetisation period.

Penalty u/s 271B not leviable on local authority as it cannot be considered to be engaged in business

June 14, 2023 282 Views 0 comment Print

ITAT Delhi held that penalty under section 271B of the Income Tax Act not leviable as assessee is a local authority and it cannot be considered to be one engaged in ‘business’ or to be earning profit.

Deduction u/s 80P eligible towards grants from West Bengal State Government to cooperative societies

June 14, 2023 378 Views 0 comment Print

ITAT Kolkata held that grants from the West Bengal State Government to cooperative societies are not income from other sources and eligible for deduction under section 80P of the Income Tax Act, 1961.

Order passed in violation of principles of natural justice is unsustainable

June 14, 2023 1371 Views 0 comment Print

Delhi High Court held that order passed under section 148A(d) of the Income Tax Act without dealing with the request for accommodation and according without hearing the petitioner is in violation of principles of nature justice and hence liable to be set aside.

Income not taxable in India merely because overseas employer paid salary into NRE account in India

June 14, 2023 2208 Views 0 comment Print

ITAT Ahmedabad held that income is not taxable in India merely because the overseas employer paid salary into NRE account of the assessee in India.

Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 903 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

No Penal Action for Bonafide Mistake on EPCG License: CESTAT Kolkata

June 14, 2023 630 Views 0 comment Print

CESTAT Kolkata rules in favor of Aurora Fine Arts in a bonafide mistake case, exempting from penalty for a misdeclared EPCG license value, acknowledging voluntary duty and interest payment.

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