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Nostro Account Maintenance Charges are not subject to TDS u/s 195

September 3, 2023 846 Views 0 comment Print

ITAT Mumbai held that Nostro Account Maintenance Charges are in the nature of bank charges levied on transaction and the same are not subject to tax deduction at source u/s. 195 of the Act. Accordingly, disallowance of the same by invoking provisions of Section 40(a)(i) of the Act unjustified.

Filing of refund claim u/s 27 after one year of date of excess duty payment is barred by limitation

September 3, 2023 2211 Views 0 comment Print

Bombay High Court held that filing of refund application u/s. 27 of the Customs Act after more than two years of date on which excess duty payment was done is clearly beyond the period of one year as contemplated by the Customs Act and hence is barred by limitation.

Fees for live and non-live transmission right not taxable as royalty

September 3, 2023 624 Views 0 comment Print

ITAT Delhi held that as there is no copyright on live events, the license fees for live and non-live transmission right cannot be taxed as royaty in terms of section 9(1)(vi) of the Income Tax Act. Accordingly, addition deleted.

Reopening of assessment after full and true disclosure of material facts unsustainable

September 3, 2023 2001 Views 0 comment Print

Bombay High Court held that reopening of assessment u/s 147 of the Income Tax Act unsustainable as the assessee has fully and truly disclosed all the material facts.

Denial of deduction claimed u/s 80P(2)(d) by invoking another sub-section of 80P unjustified

September 3, 2023 1578 Views 0 comment Print

ITAT Mumbai held that deduction claimed u/s. 80P(2)(d) of the Income Tax Act cannot be denied by invoking another sub-section of 80P. Accordingly, disallowance of deduction claimed u/s 80P deleted.

Interest earned by co-operative society on investment with co-operative bank deductible u/s 80P(2)(d)

September 3, 2023 5040 Views 0 comment Print

ITAT Bangalore held that the interest income earned by a cooperative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Income Tax Act.

Reopening of assessment u/s 147 based on information received by AO justified

September 3, 2023 2280 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 147 of the Income Tax Act based on information received by AO from DDIT (investigation) justified subject to fulfilment of conditions as envisaged u/s 147/148.

Payments of PF and ESI made before filing of income tax return cannot be disallowed

September 2, 2023 1365 Views 0 comment Print

ITAT Mumbai held that disallowance on account of delayed payments of PF and ESI contribution unjustified as payment made well before the due date of filing of income tax return u/s. 139(1).

Delay in filing of an appeal not condoned as ignorance of law not sufficient cause

September 2, 2023 1776 Views 0 comment Print

ITAT Jaipur held that ignorance of law and bona fide belief cannot be termed as sufficient cause and hence condonation of delay in filing of an appeal not granted.

Condonation not granted as reasonable cause for delay in filing of an appeal not shown

September 2, 2023 1371 Views 0 comment Print

ITAT Hyderabad held that condonation of delay in filing of an appeal not granted as the assessee miserably failed to prove her case for a reasonable cause not to file the appeals in time.

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