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Disallowance of Payment for PF & ESI Employee Contributions Beyond Due Date (Section 36(1)(va))

July 20, 2023 75300 Views 0 comment Print

ITAT Mumbai held that payment on account of employees contribution towards PF and ESI after the due date of the respective acts is disallowable in terms of section 36(1)(va) of the Income Tax Act.

Amount of carbon credit received is a capital receipt

July 20, 2023 1062 Views 0 comment Print

ITAT Mumbai held that proceeds received by assessee-company carrying on business of power generation on sale of certified emission reduction credit (carbon credit) is a capital receipt and not business income.

Notice u/s 263 in the name of deceased person is invalid

July 19, 2023 1059 Views 0 comment Print

ITAT Ahmedabad held that notice issued under section 263 of the Income Tax Act in the name of a deceased person is invalid. Accordingly, order passed thereon is also invalide in the eyes of law.

Penalty u/s 271(1)(c) of Income Tax Act not imposable in absence of willful concealment

July 19, 2023 894 Views 0 comment Print

ITAT Ahmedabad held that no penalty can be imposed u/s. 271(1)(c) of the Act on account of disallowance of expenses incurred for increase of authorized share capital since no penalty can be imposed when there was no willful concealment.

Addition in case of bogus purchases restricted only to the extent of profit element

July 19, 2023 1740 Views 0 comment Print

ITAT Ahmedabad held that addition in case of bogus purchases are restricted only to the extent of profit element involved on such purchases. Accordingly, CIT(A) correctly restricted addition to the extent of 10%.

Imposition of service tax on composite works contract prior to 1st July 2007 is untenable

July 19, 2023 753 Views 0 comment Print

CESTAT Delhi held that imposition of service tax on composite works contract prior to 1st July 2007 i.e. prior to introduction of works contract service is unjustified and untenable in law.

Denial of granting of exemption u/s 80G due to violation of section 80G(5B) is justified

July 19, 2023 1464 Views 0 comment Print

ITAT Pune held that denial of granting of exemption under section 80G of the Income Tax Act because of spent more than 5% for religious purpose from its total income i.e. violating provisions of section 80G(5B) of the Income Tax Act is justified.

Addition u/s 69 sustained on failure to furnish explanation regarding cash deposited in bank accounts

July 19, 2023 924 Views 0 comment Print

ITAT Delhi held that addition under section 69 of the Income Tax Act on account of cash deposited in bank accounts sustained as the assessee failed to give any explanation regarding such cash found to be credited in the bank accounts.

TDS deduction vis-à-vis amortization of discount on debentures needs re-adjudication due to additional evidences

July 19, 2023 2049 Views 0 comment Print

ITAT Chennai held that deduction of TDS vis-à-vis amortization of discount on debentures needs fresh adjudication in the light of additional evidences filed by the revenue. Accordingly, matter restore back.

Cenvat of capital goods received in factory and used in manufacture of dutiable final product duly eligible

July 19, 2023 1023 Views 0 comment Print

CESTAT Delhi held that Cenvat Credit in respect of capital goods parts/spares/components received in the factory of the manufacturer and used in manufacture of dutiable final product is duly eligible.

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