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Archive: September, 2023

Posts in September, 2023

Release of seized gold refused as general corroboration sufficient to seize smuggled gold

September 21, 2023 969 Views 0 comment Print

CESTAT Kolkata held that seized gold biscuits cannot be released as transportation of smuggled gold not justified based on fabricated transit challan and held mere general corroboration is sufficient.

Purchase of own shares comes within the ambit of dividend u/s 2(22) of Income Tax Act

September 21, 2023 3561 Views 0 comment Print

ITAT Chennai held that transaction of purchase of own shares by the appellant company is distribution of accumulated profits within the meaning of section 2(22) of the Income Tax Act, 1961. Accordingly, it is treated as dividend u/s. 2(22)(a)/2(22)(d) read with section 115-O of the Act.

Benefit under Budgetary Support Scheme not available to unit undergoing relocation, expansion & change of ownership

September 21, 2023 1311 Views 0 comment Print

Sikkim High Court held that as per guidelines of the Budgetary Support Scheme, if any unit undergoes for relocation, expansion and change of ownership, it will not be eligible under the Budgetary Support Scheme.

Builders Ordered to Hand Over Common Areas to Homebuyers: KRERA

September 21, 2023 3966 Views 0 comment Print

In a landmark decision, Karnataka Real Estate Regulatory Authority (KRERA) orders builders to allot common areas to homebuyers, addressing long-standing concerns of Karnataka Home Buyers’ Forum.

Deduction towards fringe benefit tax available while computing book profits u/s 115JB

September 21, 2023 852 Views 0 comment Print

ITAT Delhi held that fringe benefit tax is an allowable deduction in computing book profit as per Section 115JB of the Income Tax Act.

Exemption u/s 54 Cannot Be Denied for Non-Compliance with 54(2)

September 21, 2023 1893 Views 0 comment Print

Learn about case of Smt. Maninder Kartik vs. DCIT (ITAT Delhi) regarding denial of exemption u/s 54 due to non-compliance and legal precedents that support taxpayer’s claim.

Brand names being intangible assets are amenable to depreciation u/s 32(1)(ii)

September 21, 2023 1089 Views 0 comment Print

Delhi High Court held that ‘brand names’ falls within the scope of intangible assets and, accordingly, are amenable to deprecation under Section 32(1)(ii) of the Income Tax Act.

It is Inappropriate for AO to Demand Evidence of Non-occurrence of an event

September 21, 2023 1236 Views 0 comment Print

Read about case of ITO vs. Gammon Construction Pvt. Ltd. (ITAT Delhi), where inappropriate demand for evidence of a non-occurring event is discussed and resolved. Learn more here.

Documents relating to acknowledgment claiming benefit of section 18 of Limitation Act acceptable at appellate stage

September 21, 2023 2652 Views 0 comment Print

Supreme Court held that the documents relating to acknowledgement claiming benefit of Section 18 of the Limitation Act can be accepted even at the appellate stage. Further, acknowledgment of debt in the balance sheet has been held to be a valid acknowledgment for the benefit of Section 18 of the Limitation Act.

Addition u/s. 69C unsustainable as nature of expenditure & source explained

September 21, 2023 5343 Views 0 comment Print

ITAT Chennai held that Once, nature of expenditure and source is explained, then the question of making additions towards refund money as unexplained expenditure u/s. 69C of the Income Tax Act does not arise.

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