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Archive: June, 2023

Posts in June, 2023

Disallowance u/s 14A unsustainable as there is no requirement of head-wise bifurcation for computing income u/s 44

June 22, 2023 555 Views 0 comment Print

ITAT Delhi held that as per provisions of section 44 of the Income Tax Act there is no requirement of head wise bifurcation while computing income u/s 44 in case of insurance company. Thus, provisions of section 14A are not relevant to make a disallowance.

Deduction u/s 36(1)(va) allowed if payment made on day next to due date, as due date being a holiday

June 22, 2023 1836 Views 0 comment Print

ITAT Mumbai held that employee’s contribution paid on day next to the due date and due date being a national holiday. Matter remanded back to AO for examining the payments made and allowing the deduction u/s 36(1)(va).

Delay in Uploading Order or Generating DIN Not Invalidate Assessment Order

June 22, 2023 6801 Views 0 comment Print

In a case between Prakash Lal Khandelwal and CIT, Jharkhand High Court determined that a one-day delay in uploading an order or generating a DIN does not render an assessment order unsustainable.

Need for a Digital Competition Act: Adjusting to the New Normal

June 22, 2023 1353 Views 0 comment Print

Explore the need for a Digital Competition Act in the rapidly evolving digital market. Discover the challenges posed by big tech companies, the dominance of digital markets, and potential anti-competitive practices.

ITAT Condones Delayed Appeal due to Tax Practitioner’s Negligence

June 22, 2023 882 Views 0 comment Print

A discussion on ITAT Ahmedabad’s ruling condoning the late filing of an appeal due to the negligence of the tax practitioner, in the case of Sanjeev Harshadrai Sheth Vs ITO.

Delhi High Court Guidelines for Drafting Mediation Settlement Agreements

June 22, 2023 2943 Views 0 comment Print

Delhi HC In Shri Chhatter Pal & Ors. issued guidelines for mediators while drafting Settlement Agreements in cases of matrimonial disputes.

Processing rectification application u/s 154 without giving reasonable opportunity is unsustainable

June 22, 2023 2241 Views 0 comment Print

ITAT Amritsar held that a reasonable opportunity should be given to the assessee before making addition u/s 40A(7) of the Income Tax Act before processing rectification application u/s 154.

When there is a “WILL” there’s a way

June 22, 2023 1224 Views 0 comment Print

Discover the significance of having a will in estate planning and asset distribution. Learn how a will can protect your family’s wealth, prevent conflicts, and simplify the process after your demise. Understand the essential elements of preparing a will and ensure your intentions are carried out.

GST: HC Allows Release of Machinery; Legal Challenge to Seizure Legality

June 22, 2023 1407 Views 0 comment Print

In the case of DRB Infrastructure Pvt Ltd Vs State of West Bengal, the Hon’ble Kolkata High Court at Jalpaiguri has allowed release of machinery upon furnishing a bank guarantee. The petitioner, a contractor, challenged seizure’s legality, arguing against imposition of a penalty due to absence of an invoice.

Services of extending corporate guarantee without any consideration is not considered as a service

June 22, 2023 1521 Views 0 comment Print

CESTAT Delhi held that no service tax is payable as the assessee did not receive any consideration for providing a corporate guarantee.

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