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Claim before resolution professional/ liquidator should be based on solid documentary evidence

June 6, 2023 1017 Views 0 comment Print

NCLAT held that claim before resolution professional/ liquidator has to be based on solid documentary evidence and not based on indirect or circumstantial or secondary evidence.

Addition towards disallowance u/s 14A to book profit computed u/s 115JB is unsustainable

June 6, 2023 207 Views 0 comment Print

ITAT Chennai held that additions made towards disallowance u/s. 14A r.w.r. 8D of the I.T. Rules, 1962 to book profit computed u/s. 115JB(2) of the Income Tax Act is unsustainable.

Sale of sugar to members at concessional rate vis-à-vis appropriation of profit needs reconsideration

June 6, 2023 1113 Views 0 comment Print

ITAT Pune held that difference between average price of sugar sold in the market and that sold to members at concessional rate is appropriation of profit or not needs re-consideration. Accordingly, matter restored.

Deduction u/s 10AA duly available to interest income earned from FD

June 6, 2023 4797 Views 0 comment Print

ITAT Mumbai held that interest income earned by the assessee on account of surplus funds placed in FD is eligible for deduction under section 10AA of the Income Tax Act.

Order giving a substantial amendment cannot be given retrospective effect

June 6, 2023 3228 Views 0 comment Print

Supreme Court held that Order giving substantial amendment cannot be said to be clarificatory in nature and accordingly, such amendment cannot be given retrospective effect.

Case can be transferred from Jurisdictional AO to Central Circle u/s 127

June 6, 2023 5463 Views 0 comment Print

Delhi High Court held that case can duly be transferred from Jurisdictional Assessing Officer to Central Circle by way of passing order under section 127 of the Income Tax Act.

Limitation period for appeal to NCLAT excludes date on which order pronounced & time taken to provide certified copy

June 5, 2023 5706 Views 0 comment Print

Supreme Court held that for calculating limitation period for filing an appeal to NCLAT, the date on which order was pronounced and the time taken to provide certified copy is to be excluded.

Depreciation allowed on payment of non-compete fee for business purpose

June 5, 2023 1929 Views 0 comment Print

ITAT Chennai held that depreciation towards payment as non-compete fee for purpose of business of assessee is duly allowable.

Rejection of SVLDR Scheme because of unreasonable errors is unsustainable

June 5, 2023 1239 Views 0 comment Print

Delhi High Court held that rejection of application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (the SVLDR Scheme) merely because of some non-material errors in quantum of duty is unsustainable.

Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1221 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

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