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Archive: August, 2023

Posts in August, 2023

Compensation under Land Acquisition Act cannot be altered if all relevant factors complied with

August 29, 2023 3801 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court dismissed the appeal and upheld the Judgment of High Court, wherein adequate compensation was provided on Land Acquisition while considering the relevant factors such as determining the deduction for development charges, the nature of land, area under acquisition, whether the land is developed or not, if developed to what extent, and the purpose of acquisition.

Extended period not invocable in absence of suppression of facts or malafied intention

August 29, 2023 1479 Views 0 comment Print

CESTAT Ahmedabad held that since the issue involved is with regard to taxability of Ocean Freight and reimbursement of expense which is highly interpretational in nature. Further, in absence of suppression of facts or malafied intention, extended period of limitation is not invocable.

Disallowance of staff welfare expenditure resorting to adhoc base unsustainable

August 29, 2023 2856 Views 0 comment Print

ITAT Delhi held that disallowance of staff welfare expenditure on the adhoc basis unsustainable as AO failed to establish as to who the expenses are not incurred for business purpose.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness of transaction established

August 29, 2023 3141 Views 0 comment Print

ITAT Delhi held addition u/s 68 of the Income Tax Act unsustained as assessee duly satisfied the initial onus i.e. identity, creditworthiness and genuineness of the transaction established.

Initiation of Criminal Proceedings after TDS Deposit with Interest is invalid: HC

August 29, 2023 5913 Views 0 comment Print

Analysis of Jharkhand HC’s stance on TDS deposits, penalties, and implications on criminal proceedings when deposits are made with interest.

Service tax leviable on sub-contractor even though tax paid by main contractor

August 29, 2023 2334 Views 0 comment Print

CESTAT Ahmedabad held that it is settled legal position that sub-contractor is liable to pay service tax even though main contractor has paid service tax on total value. Accordingly, service tax demand sustained.

Tax incidence of joint development agreement and subsequent sale of flats is different

August 29, 2023 7617 Views 0 comment Print

ITAT Chennai held that the incidence of tax for joint development agreement (JDA) is different and incidence of tax for subsequent sale of flats is different.

PCIT Cannot set aside Assessment Order Solely Based on Differing Opinion

August 29, 2023 1077 Views 0 comment Print

Explore the key details and implications of ITAT Ahmedabad’s ruling on the Shanti Multilink Pvt. Ltd. Vs PCIT case concerning the validity of an assessment order under section 263.

ITAT deletes disallowance made by AO without recording any reasons

August 29, 2023 1173 Views 0 comment Print

Analysis of Pawan Aggarwal’s appeal against CIT(A) Ludhiana order regarding disallowance of expenses and building improvement costs. Outcome by ITAT Chandigarh.

Reopening after 4 years invalid if AO fails to Establish Assessee’s Failure to Disclose Material Facts

August 29, 2023 774 Views 0 comment Print

Analysis of Bombay HC ruling in Naroli Resorts vs ACIT on reopening tax assessment after four years. Did the assessee disclose all material facts?

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