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Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 1791 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

RCM not payable in absence of service receiver & provider relationship

May 24, 2023 669 Views 0 comment Print

CESTAT Kolkata held that in absence of service receiver and service provider relationship, there is no service tax liability under reverse charge mechanism (RCM) for payment of service tax, vide notification 30/2012 ST (Sr. No. 9 of the table) dated 20.06. 2012 as amended.

Secretion 32 – No condition of put to use once asset falls within a particular block

May 24, 2023 663 Views 0 comment Print

ITAT Delhi held that as per definition of block of assets u/s. 43(6)(c) of the Income Tax Act there is no condition that the plant and machinery must have been put to use.

Amount paid wholly and exclusively for business purpose is allowable expenditure

May 23, 2023 4377 Views 0 comment Print

ITAT Delhi held that the amount paid by the appellant company to ABOs is payments which is directly related to the business activity and incurred wholly and exclusively for the purpose of business. Accordingly, the same is allowable as business expenditure.

Addition unjustified in absence of concrete material demonstrating understated scrap sales

May 23, 2023 882 Views 0 comment Print

ITAT Delhi held that addition on the basis of estimation of scrap sales unjustified as AO has not brought on record any concrete material to demonstrate that the sale of Scrap recorded by the assessee is understated.

Addition u/s 68 unsustainable as repayment of loan is made in assessment year itself

May 23, 2023 4629 Views 0 comment Print

Ganesh Ganpat Alim Vs ITO (ITAT Surat) ITAT Surat held that addition under section 68 of the Income Tax Act should not be made when repayment of loan is made in the assessment year itself. Facts- During the assessment proceedings, AO got information from investigation wing that M/s Delight Diam P Ltd. and M/s Bafna […]

Provisions of section 68 not attracted as investment by investor companies explained

May 23, 2023 1905 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act are not attracted as the investment by the investor companies is duly explained. Further, identity, genuineness of transactions and creditworthiness of investor companies duly proved.

Penalty u/s. 271AAA not imposable as undisclosed income admitted in statement recorded u/s 132(4)

May 23, 2023 1584 Views 0 comment Print

ITAT Delhi held that penalty under section 271AAA not imposable as undisclosed income admitted in the statement recorded u/s 132(4) and specifies the manner in which the income was derived.

Bogus expenditure incurred in earlier years can be taxed in subsequent years

May 23, 2023 1854 Views 0 comment Print

ITAT Delhi held that the revenue can bring expenditures incurred in earlier years to be taxed in subsequent years if it is proved that the expenditure incurred was bogus.

Evidence or material discovered during inspection can be utilised if relevance is established

May 23, 2023 1014 Views 0 comment Print

Orissa High Court held that the date when the material was discovered is not relevant. What is relevant is the nature of evidence or material discovered during the inspection. It cannot be utilized for making assessment for other years unless their relevance to any other period is established.

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