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Archive: 25 June 2023

Posts in 25 June 2023

Kolkata Municipal Corporation Can Recover Property Tax Dues Based on Area in Possession

June 25, 2023 1041 Views 0 comment Print

Analyzing the Calcutta High Court’s verdict in the Kohlbros Wireless Solutions LLP vs. Kolkata Municipal Corporation case, upholding the Corporation’s right to recover property tax dues based on the area actually in possession.

ITAT Exempts corpus donation of Gold for art gallery of temples u/s 11(1)(d) 

June 25, 2023 603 Views 0 comment Print

The ITAT Ahmedabad ruled in favor of Shree Swaminarayan Bhagwan, a religious trust, exempting a gold donation from tax under Section 11(1)(d) of the Income Tax Act. The gold donation was utilized for the creation of an art gallery, thereby qualifying as corpus donation.

Director’s education expenditure disallowed on failure to establish direct relationship with business activity

June 25, 2023 861 Views 0 comment Print

ITAT Mumbai held that disallowance of Director’s education expenditure u/s 37(1) of the Income Tax Act sustained as assessee failed to prove such expenditure had direct relationship with the business activity. Accordingly, assessee failed to prove that expenditure were incurred wholly and exclusively for business.

Notice issued in the name of non-existing entity is liable to be set aside

June 25, 2023 393 Views 0 comment Print

Karnataka High Court held that notice issued in the name of non-existing entity as on the date of issuance of notice is liable to be set aside

Proceedings Under IBC 2016 Halts Legal Suit Against Corporate Debtor

June 25, 2023 300 Views 0 comment Print

The ITAT Mumbai ruled that no legal suit or proceeding can continue against a corporate debtor until the conclusion of proceedings under the Insolvency and Bankruptcy Code (IBC) 2016.

Non-existence of reason for section 148 re­opening – HC Upholds Writ Petition

June 25, 2023 537 Views 0 comment Print

Delve into the recent ruling by the Bombay High Court on the maintainability of a writ petition filed under Article 226 of the Constitution of India, challenging the initiation of proceedings under Section 148 of the Income Tax Act, 1961.

Employees’ contribution to EPF & ESI cannot be disallowed under section 154

June 25, 2023 3645 Views 0 comment Print

ITAT held that the assessing officer’s use of Section 154 before 12.10.2022 to disallow EPF and ESI contributions was not justified, as the issue was debatable and there were conflicting views and such views.

No Section 271B Penalty for delay due to Reasonable Causes

June 25, 2023 2187 Views 0 comment Print

Exploring recent decision of ITAT Mumbai in Rasik Nemchand Pethad Vs DCIT where it was determined that Section 271B penalty doesn’t apply when there’s reasonable cause for failure to comply with provisions.

ITAT Sanctions Interest Expense despite Higher Payment for Earning Income

June 25, 2023 201 Views 0 comment Print

Learn about the significant ruling of ITAT Ahmedabad in the case of Ankit Ashok Savla Vs ITO regarding the non-disallowance of interest expenses under Section 57 of the Income Tax Act.

Competition Act apply to Coal India Limited: SC – Background of Coal India

June 25, 2023 2262 Views 1 comment Print

upreme Court in Coal India Limited v. CCI (SC), CIVIL APPEAL NO. 2845 of 2017, June 15, 2023 categorically held that the Competition Act does apply to Coal India Limited, providing the rationale for its decision.

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