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Archive: 31 August 2023

Posts in 31 August 2023

Disallowance u/s 14A in absence of exempt income unsustainable

August 31, 2023 1317 Views 0 comment Print

ITAT Ahmedabad held that where no exempt income is earned by the assessee there is no case for making any disallowance under Section 14A of the Income Tax Act.

Infrastructure development of leased property expenditure is revenue in nature

August 31, 2023 681 Views 0 comment Print

ITAT Delhi held that expenditure towards infrastructure development of leased property is revenue expenditure. Accordingly, treating such expenditure as capital in nature is unsustainable in law.

Undisclosed overseas bank account matter remanded back as consent waiver form signed

August 31, 2023 381 Views 0 comment Print

ITAT Delhi held that addition towards undisclosed overseas bank account was confirmed on wrong notion of denial of appellant to sign consent waiver form. Matter remanded back as appellant has signed the consent waiver form and accordingly AO can carry out relevant enquiry.

Order dismissing appeal cannot be read as precedent & applied to cases in hand

August 31, 2023 498 Views 0 comment Print

In present facts of the case, the matter was remanded and it was observed that the order of this Court dismissing the appeal cannot be read as a precedent and applied to the cases in hand. In fact, precedents cannot decide questions of fact.

Only assessee can sign Form number 35A prescribed under Income Tax (Dispute Resolution Panel) Rules, 2009

August 31, 2023 7182 Views 0 comment Print

In present facts of the case, it was observed by the Tribunal that only Assessee could sign Form number 35A prescribed under Income Tax (Dispute Resolution Panel) Rules, 2009.

Writ Maintainable for Authority’s Jurisdictional Error & Violation of Natural Justice

August 31, 2023 1377 Views 0 comment Print

In present facts of the case, the Hon’ble High Court observed that writ under Article 226 would be maintainable if the Order has been passed beyond the Show Cause Notice as the action of an authority is wholly without jurisdiction and contrary to the principles of natural justice and in such case the Petitioners should not be relegated to an alternative remedy.

Communication relating to assessments, appeals, orders without DIN are null & void

August 31, 2023 933 Views 0 comment Print

In present facts of the case, the Tribunal held that Assessment Order issued without DIN is null and void as it is in violation of CBDT Circular No. 19/2019 dated 1 4th August, 2019.

Transaction cannot be a mortgage, unless the condition embodied effects or purports to effect the sale

August 31, 2023 816 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that when in a Conveyance deed the arrangement of re-purchase was provided then the said agreement cannot be treated as a Mortgage Agreement unless the condition is embodied in the document which effects or purports to effect the sale.

YouTube Live Decoding Input Tax Credit (ITC) in GST: From Basics to Challenges

August 31, 2023 12522 Views 0 comment Print

Join us for an insightful YouTube Live session as we delve into the intricacies of Input Tax Credit (ITC) under the Goods and Services Tax (GST) framework. Our goal is to provide a comprehensive understanding of ITC, its significance, challenges, and crucial provisions that impact businesses. Download Presentation Slide: PPT on Decoding Input Tax Credit […]

Flue Gas generated during manufacture of metallurgical coke is not a manufactured product

August 31, 2023 333 Views 0 comment Print

Explore the CESTAT Kolkata ruling on whether flue gas generated during metallurgical coke manufacturing is a manufactured product and subject to excise duty. Learn about the legal analysis and implications.

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