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Archive: 29 June 2023

Posts in 29 June 2023

Notice Issued For Recovery Of Demand Invalid Unless Stay Petition decided by AO With Speaking Order

June 29, 2023 1284 Views 0 comment Print

Orissa High Court mandates AO to review Legend Steel’s stay application, emphasizing on judicial discretion over administrative circulars for fair assessment.

Fixed Facility Charges not being provision of supply of tangible goods is not leviable to service tax

June 29, 2023 345 Views 0 comment Print

CESTAT Chennai held that as fixed facility charges (FFC charges) are not in the nature of considered received for providing supply of tangible goods. Service tax is not payable on the same.

Disallowance sustained as employees’ share to PF/ESI not paid within stipulated due date

June 29, 2023 2607 Views 0 comment Print

ITAT Bangalore held that disallowance as per section 36(1)(va) r.w.s. 2(24)(x) of the Income Tax Act sustained as amount of employees’ share of contribution of PF/ESI not paid within due date stipulated in the respective Act.

Condonation of delay in filing ‘Claim under Form-C’ not granted as sufficient cause not shown

June 29, 2023 1557 Views 0 comment Print

NCLAT Chennai rejected grant of condonation of delay in filing of the ‘Claim under Form-C’ as sufficient cause not shown and IBC is a time bound process.

Section 143(1)(a)(iv) attracted as fact reported by tax audit report is indicative of disallowance

June 29, 2023 2070 Views 0 comment Print

ITAT Mumbai held that the disclosure made by the tax auditor in audit report in Form 3CD about the ‘Details of contributions received from employees for various funds as referred to in section 36(1)(va)’ would now become indicative of a disallowance, hence provisions of section 143(1)(a)(iv) of the Act would get attracted.

TDS @2% u/s 194C deductible on payment towards Common Area Maintenance charges

June 29, 2023 6273 Views 0 comment Print

ITAT Delhi held that Common Area Maintenance charges (CAM Charges) paid by the assessee are liable for 2% TDS u/s 194C of the Income Tax Act and not at 10% u/s 194I of the Income Tax Act.

Addition unsustainable as three ingredients engraved in section 68 proved

June 29, 2023 1647 Views 0 comment Print

ITAT Mumbai held that addition unsustainable as assessee has proved the three ingredients engraved in section 68 of the Act and proved the satisfactory nature of the loan transactions. On the otherhand, AO has not brought any contrary material to show that loan received is bogus or accommodation entries.

Section 148A(d) order Passed Without Opportunity to defend is Invalid

June 29, 2023 1215 Views 0 comment Print

Madras High Court rules in favor of Packirisamy Senthilkumar, ensuring fair tax process and correcting procedural errors under Section 148A(d).

Tangible material must to satisfy test of reopening

June 29, 2023 879 Views 0 comment Print

In the case of Tata Consultancy Services Ltd. vs DCIT, the Bombay High Court examines the requirement of tangible material for reopening an assessment. This analysis explores the claim of deduction on payment made to settle a class action suit and the court’s decision

Bombay High Court Strikes Down Condition In DTVSV To Benefit Assessee

June 29, 2023 1008 Views 0 comment Print

Read the full text of the judgment/order of the Bombay High Court in the case of Oerlikon Balzers Coating India Pvt. Ltd. vs Union of India. The court strikes down a condition in DTVSV, benefiting the assessee.

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