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Benefit u/s 54F not deniable for non-registration of agreement to sale

February 26, 2023 2403 Views 0 comment Print

ITAT Chennai held that benefit under section 54F of the Income Tax Act not deniable for technical lapse like non-registration of agreement to sale.

Denial of registration u/s 12AB post supply of all desired information unjustified

February 26, 2023 2220 Views 0 comment Print

ITAT Jaipur held that CIT(Exemption) not justified in denying the registration under section 12AB of the Income Tax Act as the foundation/ trust duly supplied all the desired information as per the query letter.

Amount paid by employee due to breach of non-compete agreement cannot be taxed as salary

February 26, 2023 1989 Views 0 comment Print

ITAT Pune held that amount refunded back to the employer on account of breach of non-compete agreement by the employee cannot be construed as salary for the purpose of charging income tax.

Service tax is payable under ‘Information Technology Software Service’ as right to use software granted after 16/05/2008

February 26, 2023 1131 Views 0 comment Print

CESTAT Chennai held that as right to use the software was granted after 16/05/2008 the same is leviable to service tax under Information Technology Software Service.

Shortage towards principal is allowable as bad debt In lending business

February 26, 2023 486 Views 0 comment Print

ITAT Delhi held that shortfall in interest adjusted from principal amount on principle of first appropriation towards interest before principal. Then, assessee being in lending business, the shortage towards principal is allowable as bad debt.

Revisionary action u/s 263 on mere change of opinion is unsustainable

February 26, 2023 1746 Views 0 comment Print

ITAT Indore held that when one possible view has been taken by AO the same cannot be treated as erroneous and prejudicial to the interest of the revenue. Accordingly, revisionary order under section 263 of the Income Tax Act based on mere change of opinion is unsustainable in law.

Proceedings u/s 179 against director unsustainable as all steps for recovering tax dues from company not complied

February 26, 2023 2133 Views 0 comment Print

Bombay High Court held that material on record doesnt satisfy that all the steps for recovering the tax dues from the company, accordingly, action under section 179 of the Income Tax Act against the directors for recovering the tax dues is unjustified.

GST registration cancellation without determination of amount payable is unsustainable

February 26, 2023 1962 Views 0 comment Print

Gujarat High Court held that order of cancellation of GST Registration passed without determination of the amount which is to be paid by the petitioner-assessee is unsustainable and liable to be quashed.

Date of possession is considerable as actual purchase date for claiming exemption u/s 54

February 25, 2023 9912 Views 0 comment Print

ITAT Pune held that as on the date of agreement, the building was not constructed, the date of possession will be considered as actual date of purchase for the purpose of claiming exemption under section 54 of the Income Tax Act.

Order u/s 179(1) without gross-negligence, misfeasance or breach of duty of assessee is untenable

February 25, 2023 1527 Views 0 comment Print

Bombay High Court held that in absence of any finding that non-recovery of tax due from the company can be attributed to any gross-negligence, misfeasance or breach of duty on the part of the petitioner, no order could have been made u/s 179(1) of the Income Tax Act.

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