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Archive: 29 July 2023

Posts in 29 July 2023

Mere denial of claim of deduction doesn’t attract penalty u/s 271(1)(c)

July 29, 2023 2010 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as denial of claim of deduction u/s 80HH/ 80IA doesn’t tantamount to concealment of income and/or furnishing of inaccurate particulars of income.

Old currency notes receipt for booking of railway tickets allowed during demonetization

July 29, 2023 834 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization period unwarranted as booking of railway tickets were allowed by way of old currency notes. Here, cash were received from various travelers for booking of railway tickets.

Deposits During Investigation Not Subject to Unjust Enrichment Principles

July 29, 2023 2139 Views 0 comment Print

CESTAT Ahmedabad held that any amount deposited during pendency of adjudication proceeding or investigation is in the nature of pre-deposit and principles of unjust enrichment is not applicable.

Addition u/s 68 confirmed on failure to discharge initial burden

July 29, 2023 1188 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act confirmed as assessee grossly failed to discharge initial burden of explaining and proving credit entries in the books of account.

Passing of final assessment order u/s 144C(13) without draft assessment order is unlawful

July 29, 2023 2364 Views 0 comment Print

ITAT Mumbai held that assessing officer passed final assessment order u/s 144C(13) r.w.s 143(3) without passing a draft assessment order u/s 144C(1), said order being violative of provisions of Sec. 144C(1) deserved to be set aside.

Reopening Unjustified: No Link Between Available Material & Belief of Escaped Income

July 29, 2023 906 Views 0 comment Print

Delhi High Court held that the reasons disclosed for re-opening do not allude to the material that was available to the AO which persuaded him to form a belief that income had escaped assessment. Hence, prerequisite before entering the realm of reassessment/assessment proceedings not met. Accordingly, addition not sustainable.

Indo-Thai DTAA Article 23 – Tax Credit Applies Only When Tax Paid

July 29, 2023 993 Views 0 comment Print

Delhi High Court held that tax credit could not be extended to the assessee, because it had not paid tax in Thailand, i.e., that benefit under Article 23 of the Indo-Thai DTAA could only be extended in a situation where the tax had actually been paid.

Bail Denied Due to sufficient Evidence availability in Money Laundering Case

July 29, 2023 1275 Views 0 comment Print

Held that there is sufficient incriminating evidence about the involvement of the accused/applicant in the offence of money laundering and accordingly the bail application is dismissed.

Updates on NPS-Lite-Swavalamban Scheme: Must-know Facts

July 29, 2023 1278 Views 0 comment Print

Important updates on NPS-Lite-Swavalamban Scheme for subscribers. Learn about contributions, migration, updates and more on your pension scheme.

ITAT Upholds Non-Granting of TDS Benefits to MD & CEO of company

July 29, 2023 624 Views 0 comment Print

Read the full text of the order of ITAT Kolkata in the case of Anirudh Bhuwalka vs DCIT. The ITAT upheld the non-granting of TDS benefits due to non-deposition of TDS in the assessees income.

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