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Archive: 30 August 2024

Posts in 30 August 2024

Scholarship for overseas study is application of income for charitable purpose in India: ITAT Mumbai

August 30, 2024 585 Views 0 comment Print

ITAT Mumbai held that the disbursal of loan scholarship to students in India for study overseas as application of income for charitable purposes in India. Thus, claim of exemption under section 11 of the Income Tax Act allowed.

Interest income directly relating to business is assessable as business income: ITAT Ahmedabad

August 30, 2024 579 Views 0 comment Print

ITAT Ahmedabad held that interest income and miscellaneous income earned by the assessee are directly related to the business of the assessee and assessable as business income only and not as income from other sources.

Amount received as compensation u/s 28 of Land Acquisition Act was taxable u/s 56(2)(viii) r.w.s 145B(1) and not exempt u/s 10(37)

August 30, 2024 1896 Views 0 comment Print

Compensation received under Section 28 of the Land Acquisition Act was taxable under section 56(2)(viii) r.w.s 145B(1) as the provisions of section 10(37) deal with ‘compensation’ only and not interest on compensation or enhanced compensation.

Delay in filing quantum appeal and penalty appeal condoned on demonstrating sufficient cause

August 30, 2024 438 Views 0 comment Print

ITAT Ahmedabad condoned delay of 326 days in filing quantum appeal and delay of 1 day in filing penalty appeal as assessee demonstrated sufficient cause for the delay.

Decision favourable to assessee will prevail in case of two contrary decision by non-jurisdictional HC

August 30, 2024 744 Views 0 comment Print

ITAT Ahmedabad held that in case of two contrary decision by non-jurisdictional High Courts, decision favourable to the assessee shall apply. Thus, order of CIT(A) allowing deduction u/s. 80IA of the Income Tax Act upheld.

Penalty not leviable as violation of section 269SS and 269T not justified without clear finding: ITAT Ahmedabad

August 30, 2024 477 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty u/s. 269D and 269E of the Income Tax Act without clear finding along with authentic evidence that provisions of section 269SS and 269T are violated is unsustainable.

Delhi HC directes to prove payment for inward supplies in respect of which refund claimed

August 30, 2024 378 Views 0 comment Print

Delhi High Court directed petitioner to satisfactorily prove that payment was duly made for inward supplies in respect of which it had claimed refund of accumulated Input Tax Credit (ITC).

No suppression as entire facts known to department while issuing first notice: Karnataka HC

August 30, 2024 471 Views 0 comment Print

Karnataka High Court held that department was aware about the facts while issuing first show cause notice. Hence, no suppression can be held against the appellant and invoked while raising demand for subsequent period. Accordingly, allegation of suppression of facts not sustained.

Denial of Cenvat Credit merely due to incorrect address on invoice not justified: Delhi HC

August 30, 2024 333 Views 0 comment Print

Delhi High Court held that denial of Cenvat Credit merely because invoice contained incorrect address unjustified as invoice contained all the requisite particulars as required under proviso to Rule 9(2) of the Cenvat Credit Rules, 2004.

Sugar boiled confectionery Kopiko classifiable under tariff heading 1704

August 30, 2024 192 Views 0 comment Print

CESTAT Ahmedabad held that sugar boiled confectionery Kopiko is more specifically classifiable under Central Excise Tariff Heading [CETH] 1704 9090 and not under CETH 2101 as claimed by department.

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