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Archive: June, 2023

Posts in June, 2023

Section 234E late fees not payable for any period prior to 01-06-2015

June 25, 2023 1635 Views 0 comment Print

Karnataka High Court rules Section 234E demands for late TDS returns prior to 01-06-2015 as invalid, impacting implications for income tax proceedings under IBC. The question of constitutional validity of Section 234E remains open for future consideration.

CENVAT Credit towards meal coupons and group insurance of employees duly available

June 25, 2023 897 Views 0 comment Print

CESTAT Chennai held that CENVAT Credit towards service tax paid on meal coupons and group insurance for employees is duly available as input service.

Deduction of unamortized brokerage claimed via revised return is allowable

June 25, 2023 717 Views 0 comment Print

ITAT Mumbai held that deduction of unamortized brokerage expenses claimed through revised return of income is duly allowable.

Interest paid u/s 201(1A) on late payment of TDS is penal in nature

June 25, 2023 3696 Views 0 comment Print

ITAT Mumbai held that disallowance of interest expenditure paid u/s. 201(1A) of the Income Tax Act on late payment of TDS is penal in nature and not compensatory.

Trade discounts by newspaper company to advertising agency not liable to TDS

June 25, 2023 1659 Views 0 comment Print

Calcutta High Court held that TDS u/s 194H is not deductible on trade discounts given by the newspaper companies to Indian Newspaper Society (INS) accredited Advertising Agents.

HC Dismisses Writ Petitions as GST Commissioner dropped proceedings 

June 25, 2023 480 Views 0 comment Print

In a recent ruling, the Madras High Court dismissed the writ petitions by Bharat Heavy Electricals Ltd after the Commissioner of GST and Central Excise dropped the proceedings initiated against the company.

Section 154 cannot be invoked to levying of fee u/s 234E

June 25, 2023 1131 Views 0 comment Print

ITAT found that the issue related to the belated filing of TDS returns and subsequent levying of fees under Section 234E of the Income Tax Act was a matter of factual verification. Thus, it was not covered under Section 154 of the Act, which only allows rectification for apparent mistakes on record.

Goods Cleared Without Lab Test and Claimed Mixing in Tank as Afterthought: CESTAT rejects appeal

June 25, 2023 486 Views 0 comment Print

CESTAT Ahmedabad recently rejected Nirma Limited’s appeal, determining that the clearance of goods without a lab test and claiming goods were mixed in a tank was an afterthought.

ITAT Delhi Condones 379-Day Delay due to Miscommunication by CA to NRI Assessee

June 25, 2023 651 Views 0 comment Print

In a recent judgement, ITAT Delhi condoned a 379-day delay in the case of Dominic Savio Dasilva Vs CIT, caused due to miscommunication of Income Tax notices by a chartered accountant to a non-resident Indian.

Section 148A(d) Order in IT Act Isn’t Final; No Tax Demand Arises

June 25, 2023 2811 Views 0 comment Print

In a recent judgement, Calcutta High Court affirmed that an order under Section 148A(d) of the Income Tax Act is not a final assessment order, nor does it give rise to any tax demand.

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