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Archive: 19 July 2023

Posts in 19 July 2023

Procedural Differences & Exemptions: Private vs. Public Companies

July 19, 2023 2487 Views 0 comment Print

Understand procedural differences between private limited companies and public limited companies in terms of subscribers, directors, members, prospectus, securities, and more. Learn about the exemptions and their implications.

Penalty u/s 271(1)(c) of Income Tax Act not imposable in absence of willful concealment

July 19, 2023 885 Views 0 comment Print

ITAT Ahmedabad held that no penalty can be imposed u/s. 271(1)(c) of the Act on account of disallowance of expenses incurred for increase of authorized share capital since no penalty can be imposed when there was no willful concealment.

Addition in case of bogus purchases restricted only to the extent of profit element

July 19, 2023 1674 Views 0 comment Print

ITAT Ahmedabad held that addition in case of bogus purchases are restricted only to the extent of profit element involved on such purchases. Accordingly, CIT(A) correctly restricted addition to the extent of 10%.

Section 44AD/44AF apply to presumptive assessment & not apply to Companies

July 19, 2023 3492 Views 0 comment Print

The provisions of section 44AD/44AF of the Act apply only to presumptive assessment, where the turnover is Rs.40.00 lacs or less and not the cases, where turnover is more than that.

Reasons for reopening not provided – ITAT upholds quashing of order by CIT(A)

July 19, 2023 1683 Views 0 comment Print

A deep dive into the significant ruling of ITAT Mumbai in ITO Vs Asahi Infrastructure Projects Ltd case, exploring the issues related to the reopening of the assessment and non-genuine purchases, as per the guidelines set in the landmark GKN Driveshaft case.

Imposition of service tax on composite works contract prior to 1st July 2007 is untenable

July 19, 2023 753 Views 0 comment Print

CESTAT Delhi held that imposition of service tax on composite works contract prior to 1st July 2007 i.e. prior to introduction of works contract service is unjustified and untenable in law.

Denial of granting of exemption u/s 80G due to violation of section 80G(5B) is justified

July 19, 2023 1437 Views 0 comment Print

ITAT Pune held that denial of granting of exemption under section 80G of the Income Tax Act because of spent more than 5% for religious purpose from its total income i.e. violating provisions of section 80G(5B) of the Income Tax Act is justified.

Addition u/s 69 sustained on failure to furnish explanation regarding cash deposited in bank accounts

July 19, 2023 924 Views 0 comment Print

ITAT Delhi held that addition under section 69 of the Income Tax Act on account of cash deposited in bank accounts sustained as the assessee failed to give any explanation regarding such cash found to be credited in the bank accounts.

TDS deduction vis-à-vis amortization of discount on debentures needs re-adjudication due to additional evidences

July 19, 2023 2025 Views 0 comment Print

ITAT Chennai held that deduction of TDS vis-à-vis amortization of discount on debentures needs fresh adjudication in the light of additional evidences filed by the revenue. Accordingly, matter restore back.

Cenvat of capital goods received in factory and used in manufacture of dutiable final product duly eligible

July 19, 2023 1017 Views 0 comment Print

CESTAT Delhi held that Cenvat Credit in respect of capital goods parts/spares/components received in the factory of the manufacturer and used in manufacture of dutiable final product is duly eligible.

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