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Archive: 08 August 2023

Posts in 08 August 2023

Section 36(1)(viia) Deduction for Bad & Doubtful Debts Allowed Regardless of Rural & Non-Rural Advances

August 8, 2023 5967 Views 0 comment Print

ITAT Mumbai held that deduction u/s 36(1)(viia) of the Income Tax Act towards Provision for bad and doubtful debts allowable irrespective of rural advance and non-rural advances.

Interest on Compulsory Convertible Debentures deductible u/s 36(1)(iii)

August 8, 2023 5565 Views 0 comment Print

ITAT Delhi held that Compulsory Convertible Debentures are in the nature of borrowed fund and continued to be debt till conversion thereof into shares and consequently interest on Compulsory Convertible Debentures is allowable as revenue deduction u/s 36(1)(iii) of the Income Tax Act.

Addition towards unexplained cash credit unsustainable as identity & creditworthiness proved

August 8, 2023 1563 Views 0 comment Print

ITAT Kolkata held that addition under section 68 towards unexplained cash credit unsustainable as assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing company.

Reopening of assessment beyond 4 years unsustainable as full and true material facts disclosed

August 8, 2023 1653 Views 0 comment Print

ITAT Chennai held that reopening of assessment beyond 4 years without any failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment is bad in law and hence liable to be quashed.

Denial of deduction u/s. 54F by merely stating that constructed portion is small is unjustified

August 8, 2023 1479 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act cannot be denied merely alleging that proportion to the size of plot/ land the constructed portion is very small. As assessee submitted sufficient and all possible documentary evidence, the deduction u/s 54F is allowable.

Adjustment of deferred shares based on value of ordinary shares upheld

August 8, 2023 1116 Views 0 comment Print

ITAT Delhi held that adjustment relating to deferred shares considering their value to be equivalent to the value of equity shares upheld as deferred shares can be converted into ordinary shares without any encumbrances.

TDS not deductible on Commission to Non-Resident overseas Agent

August 8, 2023 8280 Views 0 comment Print

Analysis of Delhi HC ruling in PCIT Vs Maharani Enterprises: No TDS deductible on commission payment to non-resident agent overseas. Read the judgment.

Provisional Attachment: HC Directs Appellant to Avail Remedy under GST Rule 159(5)

August 8, 2023 1272 Views 0 comment Print

Allahabad High Court rules on remedy under Rule 159(5) against provisional attachment under CGST. Case details and judgement inside.

GST Department Assures High Court of Compliance with GST Law in Attachment Orders

August 8, 2023 1620 Views 0 comment Print

Delhi High Court’s decision on a plea concerning provisional attachment order and supplier communications under the CGST Act. GST Dept promises care.

Recovery of Excise Duty: CESTAT Kolkata orders re-adjudication in Surya Coke case

August 8, 2023 501 Views 0 comment Print

CESTAT Kolkata orders re-adjudication in the Surya Coke case against recovery of arrears of Central Excise Duty for 2011-2014. Read the details.

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