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Archive: November, 2023

Posts in November, 2023

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

November 29, 2023 879 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 2169 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 1131 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 1746 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 1299 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 5337 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/-.

Income Tax Insight Portal functionalities FAQs

November 29, 2023 13909 Views 0 comment Print

Explore FAQs on Insight Portal functionalities, including Profile Views, I-Search, Verification, Faceless Assessment, and Business Intelligence. Enhance your user experience now!

ITAT Hyderabad allows 75% of Overburden Removal Expenditure

November 29, 2023 696 Views 0 comment Print

Explore the ITAT Hyderabad order on Veerabhadra Minerals Pvt Ltd’s appeal against the disallowed overburden removal expenditure. Learn about the assessing officer’s concerns, CIT(A)’s decision, and ITAT’s direction to delete 75% of the addition. Get insights into the reasoning and implications for mining contracts.

ITAT upholds additions which were based on sworn statements & reconciliation statements 

November 29, 2023 837 Views 0 comment Print

Explore the ITAT Chennai’s order in the case of Tulsian Refinery Pvt. Limited vs. DCIT for AY 2016-17 & 2017-18. Discover how the deletion of additions related to bogus interest expenditure was determined through sworn statements and reconciliation statements, and the impact of Hon’ble ITSC’s findings on KRPL. Read the full text of the order and gain insights into the assessment and appellate proceedings.

No CENVAT Credit denial To Service Recipient Without Opening Assessment of Service Provider 

November 29, 2023 1317 Views 0 comment Print

Explore the crucial CESTAT Mumbai ruling in Tata AIG vs. Commissioner of Service Tax. Learn why denying CENVAT credit without assessing service providers is deemed unsustainable. In-depth analysis, legal insights, and the impact on general insurance services.

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