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Extended period of limitation not invocable as mandatory twin factors missing

July 30, 2023 960 Views 0 comment Print

Jammu Kashmir High Court held that the extended period of limitation as provided under provision to sub -section (1) of Section 11A was not invocable for the simple reason that the twin factors which are sine quo non for invoking the proviso were missing.

TCS Provisions applicable on amounts received from illegal miners/ transporters

July 30, 2023 1743 Views 0 comment Print

Explore ITAT Raipur’s verdict on tax collection by District Mining Officer (DMO). Understand the implications of not collecting tax at source (TCS) on compounding fees from illegal miners/transporters. Analysis of Section 206C(1C) and obligations under the Income Tax Act.

Only international and not entity level transactions covered in transfer pricing adjustment

July 30, 2023 876 Views 0 comment Print

ITAT Ahmedabad held that transfer pricing adjustment should be restricted only in respect of turnover of assessee-company relating to international transactions. In nut-shell, transfer pricing addition should be restricted only qua international transaction and not entity level transactions.

Rejection cannot be rejected on mere technicality if all substantive conditions satisfied

July 30, 2023 1380 Views 0 comment Print

Gujarat High Court held that rejection of refund claim of unutilized ITC used in making zero-rated supply of goods merely on the ground of technicality unjustified as all the substantive conditions are satisfied.

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 555 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Salary Receipt by NRI for Services in Morocco: India-Morocco DTAA Article 15(1) Benefit eligible

July 30, 2023 894 Views 0 comment Print

ITAT Kolkata held that non-resident Indian who has provided services as an employee outside India (i.e. in Morocco) is entitled to claim benefit of Article 15(1) of the India Morocco DTAA.

Addition of unexplained investment unsustained on failure to establish that society was benamidar of assessee

July 30, 2023 1107 Views 0 comment Print

ITAT Raipur held that addition towards unexplained investment unsustainable as AO failed to place on record any material which would conclusively establish that the said society was a benamidar of the assessee. Accordingly, addition based on bald allegation couldn’t be accepted.

Traffic Rule Violation: Compounding Fee allowable as Business Expense

July 30, 2023 912 Views 0 comment Print

ITAT Delhi held that payment of compounding fee for violation of provision under the Motor Vehicles Act, 1988 and Rules are allowable as business expenditure under section 37(1) of the Income Tax Act.

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 1338 Views 0 comment Print

ITAT Raipur held that assessee company was entitled for depreciation on WDV on consideration that was paid by it and not on WDV that was lastly shown by CSEB, before its disintegration.

Eligibility of CENVAT Credit for Duty on Molasses in Rectified Spirit Production

July 30, 2023 981 Views 0 comment Print

CESTAT Chennai held that input credit of duty paid on molasses used in production of rectified spirit being a final product is eligible as CENVAT Credit.

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