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Interest paid on delayed deposit of income tax not allowable as expenditure

September 16, 2023 1425 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of income tax, whether TDS or otherwise is not an allowable expenditure.

Deduction u/s 80P(2)(d) available to cooperative society in respect of dividend received on shares of cooperative banks

September 16, 2023 1224 Views 0 comment Print

ITAT Raipur held that cooperative society is entitled for claiming deduction u/s. 80P(2)(d) of the Income Tax Act in respect of dividend received on shares of cooperative banks.

TP adjustment relating to intra-group services unjustified as benefit derived thereof duly demonstrated

September 16, 2023 498 Views 0 comment Print

ITAT Mumbai held that transfer pricing (TP) adjustment relating to intra-group services unjustified as assessee duly demonstrated objective analysis of intragroup services rendered and kind of qualitative and quantitative benefit.

Demand of concession availed vide customs notification sustained for failure to maintain proper records

September 16, 2023 327 Views 0 comment Print

CESTAT Chennai upholds the demand of concession availed vide customs notification on failure of appellant to maintain proper accountal of the receipt of imported goods till their utilization in the manufacture of the specified finished products.

Addition as unexplained cash deposits unjustified as source of cash deposit demonstrated

September 16, 2023 4479 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act towards unexplained cash deposits unjustified as source of cash deposit successfully demonstrated by the assessee.

Benefit of indexed cost of acquisition available based on payments dates

September 15, 2023 1479 Views 0 comment Print

ITAT Delhi held that held that benefit of indexed cost of acquisition should be available to assessee based on payments made. Accordingly, AO directed to re-compute gain.

Treatment of cash deposited out of sales as income u/s 68 unjustified as sales not disputed

September 15, 2023 2676 Views 0 comment Print

ITAT Delhi held that the cash deposited out of sales cannot be treated as income u/s 68 of the Income Tax Act once the sales are not disputed by the revenue.

Remand order of de novo adjudication passed after 18 years unsustainable

September 15, 2023 1341 Views 0 comment Print

CESTAT Chennai held that remand order of de novo adjudication being passed after 18 years is liable to be set aside as department failed to explain the humongous delay.

Setting off of speculative losses against non-speculative profit unsustainable

September 15, 2023 357 Views 0 comment Print

ITAT Mumbai held that loss arising on settlement of contracts has to be treated as speculation loss and speculative losses are not eligible for set off against the non-speculation profit.

Higher rate of tax in case of foreign company is not in violation of non-discrimination clause

September 15, 2023 477 Views 0 comment Print

ITAT Mumbai held that rate of tax in case of foreign company is higher than rate of tax in case of domestic company and as per the Explanation in the Section 90, inserted in the IT Act with retrospective effect from 01-04-1962 the should not be regarded as violation of nondiscrimination clause.

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