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Loss on account of Forward Contracts are not speculative loss

December 14, 2022 2208 Views 0 comment Print

Delhi High Court held that loss on account of the Forward Contracts cannot be considered as speculative loss and hence loss on Forward Contracts is allowable as a deduction from the income chargeable to tax even if the Forward Contracts have not closed.

Addition towards share premium sustained by invoking provisions of section 56(2)(viib)

December 14, 2022 2940 Views 0 comment Print

ITAT Kolkata held that company incorporated on 07.11.2012 and valuation of share done on 16.11.2012, therefore share premium on issue of equity share capital and issue of preference share capital are hit by provisions of section 56(2)(viib) of the Income Tax Act and hence addition towards share premium sustained.

Writ dismissed as circular issued by District Central Cooperative Banks merely informed adhering to the provisions of section 194N

December 14, 2022 987 Views 0 comment Print

Madras High Court dismissed the writ petition challenging the circular issued by District Central Cooperative Banks as the circular merely sought to bring to the notice of the petitioner societies the statutory provisions in regard to the deduction of tax, enjoining that they adhere to and comply with the same.

Trust is included in definition of ‘person’ hence can be a ‘resolution applicant’

December 14, 2022 3906 Views 0 comment Print

NCLAT Chennai held that the word Person, is defined as per Section 3 (23)(d) of the I & B Code, which includes a Trust, therefore, there is no Fetter / Embargo or a Legal Impediment, for a Trust, to be a Resolution Applicant, in submitting a Resolution Plan

Renting income from cargo agents, airlines, etc. eligible for deduction u/s 80IA

December 14, 2022 735 Views 0 comment Print

ITAT Bangalore held that rental income is inseparably connected with the business carried on by the assessee and emanate directly from the business of the undertaking. Accordingly, rental income derived by the assessee from Cargo Agents, Airlines, Banks etc., is derived from the cargo business and eligible for deduction u/s. 80IA. The addition is deleted.

Revenue needs to establish the smuggled nature of the goods

December 14, 2022 474 Views 0 comment Print

CESTAT Delhi held that as the goods are not being notified under section 123 of the Act, it is onus on the revenue to establish the smuggled nature of the goods. In absence of any evidence, allegation of smuggled nature unsustainable.

Provisional attachment of property without initiation of proceedings is unsustainable

December 14, 2022 1620 Views 0 comment Print

Gujarat High Court held that provisional attachment of property under section 83 of the CGST Act can be invoked only during pendency of certain proceedings. In absence of any initiation of proceedings, powers of provisional attachment cannot be exercised.

Expenditure claimed against declared undisclosed income allowed as genuineness not doubted

December 13, 2022 1560 Views 0 comment Print

ITAT Ahmedabad held that undisclosed income declared during the course of search is treated as gross income as genuineness of expenditure claimed against the same is not doubted by AO.

Disallowance of 1% reasonable as share transactions manipulated via entry provider

December 13, 2022 597 Views 0 comment Print

ITAT Pune held that disallowance of 1% is reasonable as admittedly the share transactions were manipulated through entry provider stockbrokers in order to obtain fraudulent income by rigging share prices and selling them in order to justify the unaccounted income of the assessee.

Rate of duty/ exemption prevailing at time of filing ex-bond bill of entry is available

December 13, 2022 2481 Views 0 comment Print

CESTAT Ahmedabad held that the assessment in real sense takes place at the time of ex-bonding of the warehouse goods. Therefore, the effect of rate of duty, any exemption notification prevailing at the time of filing the ex-bond bill of entry shall be applicable and not the one which is applicable at the of in-bonding of the good.

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