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Non-deduction of TDS/ reversal of TDS on interest payment based on Form 15G/15H justified

April 29, 2023 7167 Views 0 comment Print

ITAT Chennai held that non-deduction of TDS and reversal of TDS deduction on interest payment on the basis of declaration in Form No. 15G/ 15H is justifiable.

Contract involving supply or deemed supply of goods and rendering service falls within works contract service

April 28, 2023 1251 Views 0 comment Print

Delhi High court held that in case there is supply or deemed supply of goods and rendering service, the same will fall within the ambit of works contract service regardless of whether or not VAT or service tax is payable.

CWC entitled to demand and collect rent for goods entrusted to its custody

April 28, 2023 621 Views 0 comment Print

Calcutta High Court held that warehousing agency namely CWC (Central Warehousing Corporation) is statutorily entitled to demand and collect rent for the storage on the date when goods were entrusted to the custody of CWC.

Disallowance of interest on partner’s loan unjustified as partnership deed specifies entitlement of interest

April 28, 2023 4257 Views 0 comment Print

ITAT Delhi held that as per partnership deep, partners shall be entitled to interest on their loan accounts with the firm at the prescribed rates, hence disallowance of the same is unjustified.

Due to suo motu disallowance, additional disallowance on travel and foreign travel expenses unjustified

April 28, 2023 957 Views 0 comment Print

ITAT Mumbai held that based on suo motu disallowance, additional disallowance on travel expenses and foreign travel expenses unjustified.

Stay of 80% of demand granted as 20% of disputed tax, interest and penalty already recovered

April 28, 2023 1863 Views 0 comment Print

Madras High Court granted the stay in respect of 80% of the demand, as 20% of the disputed tax, interest and penalty already recovered by the department from the bank account of the petitioner.

Extended period of limitation not invocable as non-payment of tax was due to bonafide belief

April 28, 2023 570 Views 0 comment Print

CESTAT Chennai held that non-payment of service tax under GTA by assessee (Co-operative Society) was due to bonafide belief and there was no deliberate intention for not paying tax. Accordingly, extended period of limitation not invocable.

Deduction u/s 10AA claimed in revised return cannot be disallowed

April 28, 2023 1095 Views 0 comment Print

ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.

Denying cross examination of witnesses and non-supplying of records renders proceeding untenable

April 28, 2023 693 Views 0 comment Print

CESTAT Kolkata held that denial of cross examination of witnesses and non-supply of relevant records is clear violation of principle of natural justice and accordingly impugned order is unsustainable.

Deduction u/s 80P allowable only if claimed via valid return

April 28, 2023 4029 Views 0 comment Print

Kerala High Court held that deduction under section 80P of the Income Tax Act is allowable only if the same is claimed via a valid return.

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