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Non-repayment of loan advanced to subsidiary company is allowable business loss

February 25, 2023 3003 Views 0 comment Print

ITAT Ahmedabad held that loss on account of non-repayment of loan advanced to subsidiary company for the purpose of incorporation of business is an allowable business loss.

Insolvency & Bankruptcy Code, 2016 has an overriding effect on all acts

February 25, 2023 1593 Views 0 comment Print

ITAT Delhi held that as per specific provisions covered under section 178(6), Insolvency and Bankruptcy Code, 2016 has an overriding effect on all the acts including Income Tax Act.

Bail not granted as applicant doesn’t qualify twin conditions of Section 45 of PMLA

February 25, 2023 3189 Views 0 comment Print

Allahabad High Court held that bail not granted as the applicant doesnt qualify the twin conditions of section 45 of Prevention of Money Laundering Act, 2002 (PMLA) and applicant is based at Abu Dhabi.

Conditions for claiming benefit of exemption notification no. 52/2003 are to be strictly interpreted

February 25, 2023 1038 Views 0 comment Print

CESTAT Delhi held that benefit of the exemption Notification No. 52-2003 is available subject to some conditions, the same is to be strictly interpreted.

Penalty u/s 271(1)(c) not leviable for bona fide wrong claiming of depreciation

February 25, 2023 1344 Views 0 comment Print

ITAT Chandigarh held that claiming of wrong depreciation on the advice of auditor is bona fide claim and hence penalty under section 271(1)(c) of the Income Tax Act not leviable.

Fresh assessment order in pursuance of order u/s 254, 263 or 264 should be made within 9 months

February 25, 2023 5007 Views 0 comment Print

Bombay High Court held that as per provisions of section 153(3) of the Income Tax Act any order of fresh assessment in pursuance of an order under Section 254, 263 or 264 should be made within a period of 9 months from the end of the financial year in which the order is received. Order passed beyond the same will be time barred.

Assessment order violating directions of DRP is liable to be quashed

February 25, 2023 1488 Views 0 comment Print

ITAT Delhi held that assessment order passed in violation of the directions of Dispute Resolution Penal (DRP) is against the provisions of sub-section (10) and (13) of section 144C of the Act and hence liable to be quashed

ESOP expense incurred wholly & exclusively for business is eligible for deduction u/s 37

February 25, 2023 2055 Views 0 comment Print

ITAT Bangalore held that expenditure towards ESOP is wholly and exclusively for the purpose of business and it satisfies all the conditions referred to in section 37(1). Accordingly, expenditure towards ESOP is eligible for deduction u/s 37 of the Income Tax Act.

Reopening of assessment without any new information is unjustified

February 25, 2023 2988 Views 0 comment Print

Bombay High Court held that reopening of assessment under section 148 in absence of any new information received by AO between the date of assessment order u/s 143(3) till the issuance of notice u/s 148 is unjustified and untenable in law.

Cenvat credit not deniable as services settled to be eligible input service

February 24, 2023 1809 Views 0 comment Print

CESTAT Delhi held that once the services in question have already been settled to be the eligible input services, the Cenvat credit thereof cannot be denied to the assessee.

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