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TDS not deductible on salary, bonus, commission or remuneration credited by firm to partners

January 16, 2023 3105 Views 0 comment Print

ITAT Gauhati held that TDS not required to be deduct by the partnership firm on salary, bonus, commission or remuneration given/ credited to the partner of the firm.

Part of manufacturing by outside agency cannot be reason for disallowance of deduction u/s 80IB

January 16, 2023 1008 Views 0 comment Print

ITAT Mumbai held that disallowance of deduction under section 80IB of the Income Tax Act merely because part of manufacturing activities are being done from outside the unit is unsustainable in law.

Assessee not required to establish that debt has become irrecoverable for writing off bad debts

January 16, 2023 2088 Views 0 comment Print

ITAT Bangalore held that it is not necessary for assessee to establish that the debt, in fact has become irrecoverable; it enough if bad debt is written off as irrecoverable in the hooks of accounts of assessee.

Interest on capital accounts of partners to be calculated on actual duration basis

January 16, 2023 16452 Views 0 comment Print

ITAT Allahabad held that the interests on the credit balance in the capital account of the partners of the firms has to be calculated on the actual duration of the credit remains in the capital account and not on opening or closing day of financial year.

Purchase of distribution rights of film is capital asset hence loss allowable as STCG

January 16, 2023 924 Views 0 comment Print

ITAT Mumbai held that investment made for purchase of distribution rights of the film is for the purchase of capital asset and hence loss incurred on the same allowable as ‘short term capital loss’.

Time limit stated under Regulation 17(7) of CBLR, 2018 is mandatory in nature

January 16, 2023 933 Views 0 comment Print

Calcutta High Court held that timeline prescribed under Regulation 17(7) of Customs Brokers Licensing Regulations, 2018 (CBLR, 2018) relating to completion of the proceedings and passing of the final order within 90 days from the date of receipt of inquiry report is mandatory in nature.

Referring matter to valuation officer unjustified as books of accounts not rejected

January 14, 2023 1008 Views 0 comment Print

ITAT Hyderabad held that prior to 01.10.2014 it was essential for the Assessing Officer to reject the books of accounts of the assessee before referring the matter to the Valuation Officer for determining different entries and the expenditure incurred by the assessee.

Import/Release of Goods without Ownership Transfer Not Permissible

January 14, 2023 1074 Views 0 comment Print

Delhi High Court ruled that the import or release of goods in favor of a petitioner without the transfer of ownership is not allowed under Section 2(26) of the Customs Act, 1962. The petitioner is liable to pay 50% of the detention/demurrage charges.

Disclosure of undisclosed income can be further added as undisclosed stock

January 13, 2023 1572 Views 0 comment Print

ITAT Kolkata held that disclosure of undisclosed income under IDS, 2016 on which taxes are duly paid cannot be further added as undisclosed stock. Claim of set off of undisclosed income duly available against the undisclosed stock surrendered during the course of survey.

Adjustment of incorrect claim apparent from any information in return is permissible u/s 143(1)

January 13, 2023 7998 Views 0 comment Print

ITAT Chennai held that post amendment w.e.f. 01.04.2008, the scope of adjustment u/s.143(1) of the Act has widened and enlarged. Accordingly, adjustments with regard to incorrect claim apparent from any information in the return of income permissible.

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