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Remuneration to Full-Time Trustee not violates Section 13 – Rejection of Section 12AB Registration Unsustainable

June 20, 2023 936 Views 0 comment Print

ITAT Amritsar held that rejection of application for registration u/s 12AB of the Income Tax Act unsustainable as there is no violation of section 13(1)(c) by paying remuneration to the full-time working trustee.

Order passed without considering documents and examining residential status needs to be restore back

June 19, 2023 858 Views 0 comment Print

ITAT Mumbai held that order passed without considering the documents and without examining the correct residential status of the assessee is liable to be restore back for de novo adjudication.

Duty demand on quantity of oxygen used in manufacture of sulphuric acid unsustainable

June 19, 2023 309 Views 0 comment Print

CESTAT Ahmedabad held that that appellants are eligible for benefit of Notification No. 67/95 and the duty demand on the quantity of oxygen so used in the manufacture of sulphuric acid, is liable to be set aside.

Demand unsustained as CENVAT of common input service used in exempted goods reversed

June 19, 2023 396 Views 0 comment Print

CESTAT Ahmedabad held that demand of excise duty equal to 10%/5% unsustainable as Cenvat credit in respect of common input service used in the manufacture of exempted goods reversed.

Addition u/s 68 towards unexplained sales unsustainable as not proved as bogus

June 19, 2023 4647 Views 0 comment Print

ITAT Delhi held that sales cannot be added under section 68 of the Income Tax Act unless they are proved as bogus on the basis of some reliable evidences.

Revision order passed without adequate opportunity to file relevant material is unsustainable

June 19, 2023 507 Views 0 comment Print

ITAT Surat held that revisionary order passed by PCIT under section 263 of the Income Tax Act without providing adequate opportunity to the assessee to file relevant material evidences and documents before him is liable to be remanded back for fresh consideration of the matter.

Disallowance u/s 14A restricted to the extent of exempt income

June 19, 2023 2883 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act cannot exceed the amount of exempt income. Hence, AO directed to restrict the disallowance to the extent of exempt income earned.

Addition on account of lesser amount considered as claw back payment unsustained

June 19, 2023 273 Views 0 comment Print

ITAT Kolkata held that addition on account of lesser amount considered as claw back payment unsustained as in case, a higher amount is to be considered as claw back payment, then a higher amount is to be allowed as a deduction not character of income

Addition u/s 68 sustained as genuineness of the transaction not proved

June 19, 2023 456 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act towards unexplained cash credit sustained as identity and creditworthiness of the parties and genuineness of the transaction not proved.

In absence of ‘Proofs of Receipt’ it is concluded that notices were never served

June 19, 2023 972 Views 0 comment Print

NCLAT Delhi held that Notices were never served on the Petitioner/Respondent as there are no ‘Proofs of Receipt’, filed by the Appellant.

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