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Proceedings u/s 153C invocable only when AO proves that material seized from third party belongs to assessee

April 22, 2023 1956 Views 0 comment Print

ITAT Ahmedabad held that invocation of proceedings u/s 153C of the Income Tax Act unsustainable as AO has not put on record that material seized during the course of third party search belongs to the assessee.

Notice without demand of money after returning of cheque is no notice under NI Act

April 22, 2023 2310 Views 0 comment Print

Held that the notice issued after the cheque was returned back as dishonoured, was no notice as contemplated under the provisions of Negotiable Instruments Act, as no demand of money was made therein.

Claim of depreciation allowed in initial year cannot be disturbed in subsequent years

April 21, 2023 1161 Views 0 comment Print

ITAT Delhi held that if in the initial year of claim the depreciation, is allowed, the claim cannot be disturbed in the subsequent years.

Duty free shops being outside customs frontiers of India cannot be saddled with any indirect tax burden

April 21, 2023 2781 Views 0 comment Print

Supreme Court held that Duty Free Shops, whether in the arrival or departure terminals, being outside the customs frontiers of India, cannot be saddled with any indirect tax burden and any such levy would be unconstitutional. Accordingly, tax levied on the same is refundable

Addition based on reasons beyond limited scrutiny is unsustainable

April 21, 2023 738 Views 0 comment Print

ITAT Jodhpur held that addition on the basis of reasons not forming limited scrutiny is unsustainable as Assessing Authority cannot exceed the jurisdiction beyond the reasons specified for limited scrutiny.

Payment of interest not made towards any infraction of law is allowable u/s 37

April 21, 2023 606 Views 0 comment Print

ITAT Ahmedabad held that payment of interest towards compromise agreement was not made towards any infraction of law and therefore, the same is allowable under section 37 of the Income Tax Act.

Disallowance of sales commission expense justified as genuineness not proved

April 21, 2023 2175 Views 0 comment Print

ITAT Ahmedabad held that disallowance of sales commission expenses justified as there was no basis and reason for paying the commission to these agents who even otherwise were closely related to the assesse.

Once penalty for non-maintenance of books is levied then penalty for not getting books audited not leviable

April 21, 2023 1584 Views 0 comment Print

ITAT Jaipur held that once the penalty is levied for non-maintenance of book of accounts, there cannot be further default for not getting the same audited as required u/s 44AB of the Act.

Demanding tax on interest awarded under Land Acquisition Act by invoking jurisdiction u/s 263 unsustainable

April 21, 2023 3483 Views 0 comment Print

ITAT Delhi held that the interest awarded under Land Acquisition Act is not taxable, accordingly, tax on the same cannot be demanded by way of invoking jurisdiction u/s 263 of the Income Tax Act.

Book profit u/s. 115JB cannot be computed by including disallowance u/s 14A

April 21, 2023 2154 Views 0 comment Print

ITAT Ahmedabad held that book profit under section 115JB of the Income Tax Act cannot be computed by including disallowances made under section 14A of the Income Tax Act.

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