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Opportunity to each member of society not necessitated in proceedings initiated u/s 34A

June 9, 2023 423 Views 0 comment Print

Madras High Court held that there is no necessity for providing opportunity to each and every member of the Society in the proceedings initiated under Section 34A of the Income Tax Act.

Addition sustained on failure to produce evidence to support astronomical agricultural income

June 9, 2023 504 Views 0 comment Print

ITAT Hyderabad held that assessee neither before AO nor before CIT(A) could produce any evidence to support his astronomical agricultural income. Accordingly, in absence of evidence, addition sustained.

Rejection of books of accounts justified as transactions recorded not supported by proper documents

June 9, 2023 336 Views 0 comment Print

ITAT Chennai held that rejection of books of accounts justified as transactions recorded in the books of accounts are not properly vouched or supported by proper documents. Further, expenses and related vouchers were also not found in accordance with books of accounts.

Foreign travel expense of company employees’ spouse who accompanied on official tour is allowable

June 9, 2023 2211 Views 0 comment Print

ITAT Mumbai held that foreign travelling expenses in respect of spouses who accompanied on official tour with some of the company employees is allowable expenditure.

Duty element treated as expenditure and not as receivables hence hit by doctrine of unjust enrichment

June 9, 2023 900 Views 0 comment Print

CESTAT Hyderabad held that all the evidence leads to the conclusion that duty element is treated as an expenditure and not as receivables. Accordingly, as the duty incidence is passed on and therefore hit by doctrine of unjust enrichment.

Denial of Foreign Tax Credit merely because Form 67 furnished after due date of return filing is unjustified

June 8, 2023 3744 Views 0 comment Print

ITAT Jaipur held that denial of Foreign Tax Credit merely because Form 67 was filed after the due date of filing the return under section 139(1) of the Income Tax Act is unjustified and untenable in law.

Refund claim of SAD under notification 102/2007-Cus should be filed within one year from date of payment of SAD

June 8, 2023 1137 Views 0 comment Print

CESTAT Chennai held that refund of Special Additional Duty (SAD) under Notification No.102/2007-Cus. need to be filed within a period of one year from the date of payment of SAD.

Reassessment proceedings unsustainable as material facts fully and truly disclosed

June 8, 2023 999 Views 0 comment Print

ITAT Delhi held that initiation of proceedings under section 147/148 of the Income Tax Act unsustainable as there was on failure on the part of the assessee to disclose fully and truly all the material facts.

TDS credit available to Rinfra as both income and TDS credit is transferred by AEML to Rinfra

June 8, 2023 648 Views 0 comment Print

ITAT Mumbai held that genuine TDS credit to Rinfra cannot be denied merely because credit of TDS didn’t reflected in Form 26AS as on account of transfer of business, Adani Electricity Mumbai Ltd. (AEML) transferred the income and TDS credit to Reliance Infrastructure Ltd. (Rinfra).

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 921 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

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