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Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1233 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Penalty u/s 271D leviable on failure to establish reasonable cause for taking cash loans

June 9, 2023 990 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the Income Tax Act leviable for contravention of provisions of section 269SS on failure to establish any reasonable cause for taking cash loans.

Export duty @5% on FOB payable as beneficiation undertaken to make sand into upgraded Ilmenite

June 9, 2023 711 Views 0 comment Print

CESTAT Chennai held that the appellant has undertaken beneficiation process to make sand into processed/upgraded Ilmenite. Hence, export duty at rate of 5% FOB payable on such Ilmenite which is upgraded (beneficiated Ilmenite) processed.

CENVAT on inputs used in manufacture of Rerolled products is duly available

June 9, 2023 441 Views 0 comment Print

CESTAT Kolkata held that CENVAT credit on the ‘inputs’ used in the manufacture of their final products, namely, Rerolled products, MS Flat/Bar, MS Angle, MS Channel, MS Round etc which is cleared on payment of central excise duty, is duly available.

Wrong allotment of two PANs cannot set assessee as non-filer for one PAN as return filed via other PAN

June 9, 2023 1989 Views 0 comment Print

ITAT Amritsar held that because of wrong allotment of two PANs, assessee cannot be set as a non-filer or undeclared of tax in the return of one PAN as income duly declared via other PAN. Matter remanded back.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 3510 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Extended period of limitation unsustainable in absence of suppression of fact

June 9, 2023 387 Views 0 comment Print

CESTAT Bangalore held that differential duty demand for extended period of limitation unsustainable in absence of suppression of fact. Accordingly, interest and penalty for extended period set aside.

Claim of wrong supply by supplier merely supported by unauthenticated e-mails is unacceptable

June 9, 2023 879 Views 0 comment Print

CESTAT Chennai held that claim of wrong supply made by the supplier merely supported by e-mails, the authenticity of which were never proved before the Adjudicating Authority, is unacceptable.

Addition merely based on statement u/s 132(4) without collaborative evidence is unsustainable

June 9, 2023 2121 Views 0 comment Print

ITAT Indore held that addition on the standalone basis of statement of assessee u/s 132(4) of the Income Tax Act cannot be held as sustainable in absence of collaborative evidence found in support of such addition.

Writ not entertained as alternative and efficacious remedy available to the petitioner

June 9, 2023 588 Views 0 comment Print

Guwahati High Court held that writ petition not entertained as the same is hit by the alternative and efficacious remedy available to the petitioners to prefer an appeal before the appellate authority competent to deal with the issues raised in this writ petition.

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