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Archive: 19 July 2023

Posts in 19 July 2023

Section 80P Deduction Eligible on NSC & Govt-Directed FD Interest

July 19, 2023 879 Views 0 comment Print

ITAT noted that Interest income was earned on NSC, fixed deposit/certificate of bank as a result of a mandatory business requirement as per the West Bengal Cooperative Societies Act. Therefore, the interest earned from these deposits was indeed a business income, making it eligible for deduction under Section 80P(2)(a)(i).

ITAT quashes Notice Based on Unverified AIR Info on Cash Deposits

July 19, 2023 1011 Views 0 comment Print

ITAT Delhi in Manveer Singh Vs ITO case emphasised requirement of obtaining bank statement before issuing a reassessment notice under Section 148 of Income Tax Act on alleged cash deposits based on AIR information even, leading to deletion of income tax addition.

Deposit of Penalty would have no effect on debarment Order passed under Section 132(4)(c) of the Companies Act: NCLAT

July 19, 2023 1092 Views 0 comment Print

In present facts of the case, it was observed that deposit of 10% of the penalty shall have no effect on the order of ‘debarment’ passed against the Appellant(s) under Section 132(4)(c). Order of ‘debarment’ shall continue to operate unless an order is passed by the Appellate Tribunal.

Non-Marketable Sugar Syrup Manufacture Not Liable to Excise Duty

July 19, 2023 360 Views 0 comment Print

A ruling from the CESTAT Chennai holds that the manufacture of non-marketable sugar syrup is not subject to excise duty, setting a new precedent in tax law.

Excise duty not leviable on waste or rubbish thrown up in the course of manufacture

July 19, 2023 477 Views 0 comment Print

CESTAT Mumbai held that waste or rubbish, which is thrown up in the course of manufacture, cannot be said to be a produce of manufacture and cannot be said to be exigible to excise duty. Hence, sale of Ferric Oxide which emerged through chemical reaction of Waste Pickle Liquor is not liable to any duty.

Rejection of books of accounts of corporate assessee cannot be done in light manner

July 19, 2023 786 Views 0 comment Print

ITAT Mumbai held that rejection of books of accounts of the assessee being a corporate assessee and subjected to statutory audits cannot be done in a light manner. Accordingly, matter remitted back to AO for re-adjudication.

Interest paid for loan taken to pay compensation as part of family arbitration award cannot be claimed as deduction u/s 48

July 19, 2023 588 Views 0 comment Print

ITAT Panaji held that payment of interest on loan taken for paying compensation to the family members of the assessee pursuant to an arbitral award on family settlement has nothing to do with LTCG on sale of the said capital asset. Accordingly, payment of such interest cannot be claimed as deduction u/s 48.

Order confirming demand under ‘Cargo Handling Service’ which was not proposed in notice is unsustainable

July 19, 2023 528 Views 0 comment Print

CESTAT Kolkata held that there was no proposal to demand service tax under ‘Cargo Handling Service’ in the Notice, however, in the impugned order the adjudicating authority classified the services under ‘Cargo Handling Service’. Hence, adjudicating authority has travelled beyond the scope of the Notice, which is legally not sustainable.

Karnataka HC Dismisses Manipal Finance Appeal Over Monetary Limit Constraints

July 19, 2023 588 Views 0 comment Print

The Karnataka High Court dismisses an appeal involving Manipal Finance Corporation Limited due to monetary limitations, based on Circular No.17 of 2019 by the Central Board of Direct Taxes.

Section 153D Approval Invalid Without Assessment Records: No Cure Under Section 292B

July 19, 2023 1251 Views 0 comment Print

PCIT Vs Anuj Bansal (Delhi High Court)Approval Under Section 153D Given Without Considering Assessment Records and Seized Material Invalid and Not Curable Under Section 292B of Income Tax Act, 1961

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