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Archive: 29 November 2023

Posts in 29 November 2023

GST on hostel accommodation services & supply of in-house food to inmates 

November 29, 2023 2892 Views 0 comment Print

Explore the detailed analysis of AAR Tamilnadu’s ruling on GST for hostel accommodation services and in-house food supply. Learn about eligibility, tax rates, and composite supply implications.

Section 80G: ITAT’s Clarification on Timely Registration for Charitable Trusts

November 29, 2023 3210 Views 0 comment Print

Bhamashah Sundarlal Daga Charitable Trust wins ITAT Jodhpur appeal against CIT’s rejection of 80G registration. Detailed analysis on amendments and absurdity in literal interpretation.

Deduction u/s 80P(2) available to co-operative society on interest received from investment in banks

November 29, 2023 1761 Views 0 comment Print

ITAT Visakhapatnam held that cooperative society is eligible for deduction U/s. 80P(2)(a)(i) of the Income Tax Act on the interest income received from investment in banks.

No appeal lies u/s. 260A against an order passed u/s. 254(2) of Income Tax Act

November 29, 2023 1035 Views 0 comment Print

Orissa High Court held that order passed under Section 254 (2) of the Income Tax Act, 1961 cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court.

Cost base should exclude pass through cost which are directly related to third parties

November 29, 2023 312 Views 0 comment Print

ITAT Delhi held that the pass through cost to the extent which are directly relatable to third parties, namely, advertisement and publicity; business promotion and participation in trade events are to be excluded from the cost base.

Simultaneous issue of DIN insignificant when DIN not mentioned on body of communication

November 29, 2023 1209 Views 0 comment Print

ITAT Delhi held that that simultaneous issue of the DIN number is insignificant and superfluous exercise, in the absence of mentioning the DIN number on the body of the communication. Accordingly, AO’s order with no DIN is invalid.

Recovery proceedings against deductee unjustified even if deductor failed to deposit tax & is undergoing CIRP

November 29, 2023 651 Views 0 comment Print

Delhi High Court held that initiation of recovery proceedings against deductee as deductor failed to deposit tax with Government and deductor is undergoing CIRP is unjustified and unsustainable in law.

Clean Energy Cess leviable even after introduction of GST

November 29, 2023 882 Views 0 comment Print

Jharkhand High Court held that Clean Energy Cess is leviable even after introduction of GST. Accordingly, demand of Clean Energy Cess upheld.

Adoption of stamp duty valuation u/s 50C without making reference to DVO unsustainable

November 29, 2023 882 Views 0 comment Print

ITAT Mumbai held that adoption of stamp duty valuation invoking provisions of section 50C of the Income Tax Act without making reference to District Valuation Officer (DVO) unsustainable. Accordingly, matter remanded for de novo proceedings.

Prosecution for non-furnishing of return not sustained due to relief available under proviso to section 276CC

November 29, 2023 3042 Views 0 comment Print

Madras High Court held that initiation of prosecution for the offence punishable u/s. 276CC of the Income Tax Act cannot be sustained as proviso to section 276CC grants relief to assessee when tax payable determined by regular assessment, as reduced by advance tax paid and TDS, does not exceed Rs.3,000/-.

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