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Archive: 06 October 2023

Posts in 06 October 2023

Deduction u/s 37(1) not allowable on interest paid on late payment of TDS

October 6, 2023 6036 Views 0 comment Print

ITAT Hyderabad held that interest payment on late payment of TDS is not compensatory in nature and is not allowable as deduction u/s 37(1) of the Income Tax Act.

Contribution received from commodity exchange exempt i/s. 10(23EC) of Income Tax Act

October 6, 2023 705 Views 0 comment Print

Held that prior to 1-­4- 2024 there was no bar on assessee claiming exemption under section 10 (23EC) and under section 11 and 12 of the act. Accordingly, contribution received from commodity exchange and members thereof is exempt u/s 10(23EC) of the Income Tax Act.

Benefit of exemption notification 06/2006-CE and 12/2012-CE available as all conditions fulfilled

October 6, 2023 372 Views 0 comment Print

CESTAT Bangalore held that benefit of exemption notification no. 06/2006-CE dated 01.03.2006 and 12/2012-CE available to the motor vehicle manufactured as ownership of chassis was transferred after the sale of the same by VIPL to Appellant.

Income Tax Notification 87/2023: Dental Council of India Exemption

October 6, 2023 924 Views 0 comment Print

Read Notification No. 87/2023-Income Tax dated 6th October, 2023, granting exemption to Dental Council of India from specified income under Income-tax Act, 1961

Demand of 5%/6%/10% on value of exempted clearances unwarranted as proportionate credit reversed

October 6, 2023 549 Views 0 comment Print

CESTAT Chennai held that the demand for paying an amount of 5% /10% /6% on the value of exempted clearances unwarranted when the appellant has reversed the proportionate credit of inputs used in manufacture of exempted products.

Penalty not leviable for lack of due diligence on part of employee of CFS

October 6, 2023 558 Views 0 comment Print

CESTAT Ahmedabad held that penalty imposed under Sub-Regulation 8 of Regulation 12 cannot be inclined for lack of due diligence on the part of the employee of CFS especially when the department did not find anything wrong when compared to employees of other CFS.

Reopening of assessment merely based on change of opinion is unsustainable

October 6, 2023 1458 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 148 of the Income Tax Act, without indicating basis for having a reason to belief that income has escaped assessment, merely based on change of opinion is unsustainable in law and liable to be quashed.

Order passed based on submissions made before CIT(A) without conducting enquiry unsustainable

October 6, 2023 483 Views 0 comment Print

ITAT Kolkata remanded the matter back to CIT(A) as relief was granted to the assessee on the basis of various submissions which were for the first time furnished before CIT(A) and CIT(A) prior to granting relief didn’t conduct any enquiry on the same.

Section 10(23C)(iiiab) exemption not available to society not substantially financed by government

October 6, 2023 4392 Views 0 comment Print

ITAT Raipur held that assessee-society not being wholly and substantially financed by the government is not entitled for claiming exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961.

India In Dire Need Of Arbitration Reform; Burdened By Judicial Interference At Every Stage’: Calcutta HC

October 6, 2023 906 Views 1 comment Print

Calcutta High Court’s judgment in Damodar Valley Corporation vs. Reliance Infrastructure highlights the need for arbitration reform in India and upholds a Rs 1354 crore award.

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