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Domestic company paying DDT u/s. 115O doesn’t enter domain of DTAA: ITAT Pune

August 16, 2024 78 Views 0 comment Print

ITAT Pune held that the DTAA does not get triggered at all when a domestic company pays DDT u/s. 115O of the Income Tax Act. In nut-shell, domestic company doesn’t enter domain of DTAA at all.

Rejection of refund claim for non-mentioning of period particulars in CA’s certificate is harsh: CESTAT Chennai

August 16, 2024 123 Views 0 comment Print

CESTAT Chennai rejection of refund claim merely for non-mentioning of period particulars in CA’s certificate unjustifiable as rejection of claim on this basis would be harsh.

Reassessment action u/s. 148 post approval of resolution plan unsustainable: Delhi HC

August 15, 2024 522 Views 0 comment Print

Delhi High Court held that reassessment action under section 148 of the Income Tax Act post approval of the resolution plan unsustainable as validity of resolution plan not questioned at any stage.

Notification 56/2023-CE dated 28.12.2023 is ultra vires section 168A of CGST Act, 2017: Gauhati HC

August 15, 2024 954 Views 0 comment Print

Gauhati High Court held that notification no.56/2023-CE dated 28.12.2023 is not in consonance with the provisions of 168(A) of the Central GST Act, 2017. Hence, all consequential actions so taken on the basis of such notification would also fail.

Disallowance of deduction u/s. 80P by CPC is beyond the scope of adjustment u/s. 143(1): ITAT Mumbai

August 15, 2024 648 Views 0 comment Print

ITAT Mumbai held that disallowance made by the CPC u/s. 143(1)(a) of the Income Tax Act on the claim of deduction u/s. 80P of the Income Tax Act is beyond the scope of adjustment u/s. 143(1) accordingly the adjustment is deleted.

No addition u/s. 68 towards unsecured loan if repayment in subsequent year accepted: ITAT Ahmedabad

August 15, 2024 1293 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 68 on account of unexplained cash credit, being bogus unsecured loan, and u/s. 69C on account of unexplained expenditure, being bogus interest claimed, unjustified as repayment of loans in subsequent year accepted.

Penalty u/s. 271D unwarranted as reasonable cause shown for cash receipt on sale of property: ITAT Bangalore

August 15, 2024 558 Views 0 comment Print

ITAT Bangalore held that imposition of penalty under section 271D of the Income Tax Act unwarranted as reasonable cause shown for accepting the cash on account of sale of immovable property.

Order quashed as pre-condition for best judgement assessment u/s. 23(2) of MVAT Act not satisfied: Bombay HC

August 15, 2024 150 Views 0 comment Print

It is Petitioner’s case that a show cause notice dated 7th December 2023 without any details was issued calling upon Petitioner to attend the office of Respondent No.2. Respondent No.2 proceeded to pass the impugned order dated 28th March 2024 u/s. 23 of the MVAT Act.

Contribution to National Pension System before filing of return allowable: ITAT Ahmedabad

August 15, 2024 381 Views 0 comment Print

ITAT Ahmedabad held that contribution under National Pension System (NPS) belatedly, however, before filing of return is allowable as deduction u/s. 43B(b) of the Income Tax Act as there is no due date prescribed for payment under NPS.

Passing of revisionary order u/s. 263 without giving adequate opportunity of being heard unsustainable: ITAT Ahmedabad

August 15, 2024 300 Views 0 comment Print

ITAT Ahmedabad held that passing of revisionary order by PCIT u/s. 263 of the Income Tax Act without giving proper and adequate opportunity of being heard to the assessee is liable to be set aside.

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