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Archive: July, 2023

Posts in July, 2023

Foreign Tax Credit Allowed Despite Delays in Form 67 (Section 90)

July 16, 2023 1884 Views 0 comment Print

Explore the details and implications of the Vikash Daga vs ACIT case, where ITAT Delhi upheld the right to claim foreign tax credit under Section 90, despite procedural anomalies. Understand the balance between procedural norms and substantive rights in the context of the Income Tax Act.

ITAT Deletes Addition: Cash Deposit from Late Spouse’s Past Savings

July 16, 2023 1917 Views 0 comment Print

ITAT upheld the right of an individual to use personal savings, including those from a late spouse, for the repayment of a bank loan, and dismissed the claim that such actions constitute unexplained investment.

Remission Benefit Allowed for Goods Lost by Fire/Arson: Central Excise Rule 21

July 16, 2023 987 Views 0 comment Print

CESTAT Hyderabad in case of Regency Ceramics Ltd Vs Commissioner of Central Tax Puducherry examines applicability of Rule 21 of Central Excise Rules, 2002, and benefit of remission for goods lost due to fire or arson.

CESTAT Grants Cenvat Credit on Sugar Cess Paid as CVD on Raw Sugar Imports

July 16, 2023 933 Views 0 comment Print

In the recent landmark decision, CESTAT Ahmedabad has allowed Cenvat Credit on sugar cess paid as CVD on raw sugar imports, favoring Renuka Sugars Limited. This ruling, echoing several previous judgements, clarifies the position of cess as excise duty.

Reduction in value of machine sold post replacement of important part is normal

July 16, 2023 498 Views 0 comment Print

CESTAT Chennai held that differential duty not payable as there is no contravention of Valuation Rules as an important part of the machine sold has been replaced with a less advanced component, slight reduction in the value of the machine sold is found to be normal.

Limited Scrutiny: AO can’t verify cash withdrawals when permission was for cash deposit verification

July 16, 2023 3318 Views 0 comment Print

ITAT Visakhapatnam in case of Vishnu Srinivasa Rao Kakarla Vs ITO clarifies that AO cannot travel beyond his jurisdiction to verify cash withdrawals when limited scrutiny was for verifying cash deposits.

Unverified Information: ITAT upholds quashing of Re-assessment Order

July 16, 2023 1152 Views 0 comment Print

Detailed review of ITAT Delhi’s ruling in favor of the assessee, Tarik Tondon, where the reassessment order was cancelled due to lack of verification of the information which initiated the reopening.

ITAT Pune Allows Section 54F Deduction Based on Date of Assignment Deed

July 16, 2023 1779 Views 0 comment Print

ITAT Pune in case of Rajendra Supadu Jadhav Vs DCIT allows section 54F deduction based on date of assignment deed for transfer of lease rights in MIDC plots.

Section 40A(2): ITAT Allows High Interest Payment for Commercial Expediency

July 16, 2023 1389 Views 0 comment Print

The recent ITAT Delhi ruling in the Shantiniketan Properties Pvt. Ltd. vs. ACIT case allows high-interest payments under commercial expedience, refuting disallowance under Section 40A(2) of the Income Tax Act.

ITAT Directs Re-adjudication: Insufficient Opportunity in Section 144 Assessment

July 16, 2023 1353 Views 0 comment Print

ITAT Delhi overturns an ex-parte assessment passed under Section 144, citing insufficient opportunity for the assessee. The case is returned to the AO for a re-examination in compliance with the law.

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