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Excise duty refund & interest subsidy given to create employment are capital receipts

November 4, 2022 435 Views 0 comment Print

Insecticides (India) Ltd. Vs DCIT (ITAT Delhi) It was noticed by Assessing Officer that in revised return, Assessee has reduced an amount of Rs. 14,84,20,415/- out of total income under the head of business claiming to be ‘capital receipts’, which was actually shown as ‘revenue receipts’ in the original return of income. The Assessee while […]

E-commerce intermediaries not liable for goods put up for sale on their platform

November 3, 2022 3660 Views 0 comment Print

Allahabad High Court held that e-commerce intermediary i.e. Flipkart is not liable for the goods put up for the sale by the seller on its platform. Such e-commerce networks are exempted from liability under the I.T. Act, 2000.

Service tax leviable on supply of bed rolls to Railways

November 3, 2022 1068 Views 0 comment Print

Madras High Court held that service of supply of bed rolls alone for the passengers travelling in AC compartments to Railways cannot be construed as services provided by the Railways and hence service tax is duly payable on the same.

Capital gain computable as per amended proviso to section 50C despite receipt of 99% of payment by cheque

November 3, 2022 1689 Views 0 comment Print

ITAT Ahmedabad held that when genuineness of the transaction is proved and more than 99% of the payment was received by cheque, capital gain on sale of property should be computed by applying amended proviso to section 50C of the Income Tax Act.

Duty demand u/r 17H of Central Excise Rules merely for clearance after 6 months unsustainable

November 3, 2022 345 Views 0 comment Print

CESTAT Ahmedabad held that as there was no manufacture of fresh goods there cannot be a duty demand under rule 173H of the Central Excise Rules, 1944 merely for reason of clearance after 6 months.

Section 56(2)(vii) doesn’t apply to property received under will/ inheritance

November 3, 2022 2733 Views 0 comment Print

ITAT Chennai held that provisions of section 56(2)(vii) of the Income Tax Act doesnt apply when the property received under a will or by way of inheritance

Non-verificaiton of other business results into improper adjudication

November 3, 2022 291 Views 0 comment Print

ITAT Hyderabad held that other than being an agriculturist, the assessee was license holder of retail sale of IMFL. However, the said fact was not verified by CIT(A). Accordingly, held that case has not been properly adjudicated by CIT(A).

Provisions of section 269ST is applicable to receiver & not to payer

November 3, 2022 1818 Views 0 comment Print

ITAT Bangalore held that assessee has paid money for the purpose of investment which is not disputed and therefore the provisions of Section 269ST of the Act is not applicable.

Section 14A Disallowance unsustainable in absence of exempt income

November 3, 2022 474 Views 0 comment Print

ITAT Bangalore held that no disallowance under section 14A of the Income Tax Act could be made if no exempt income was earned by the assessee.

Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 1944 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

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