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Second proviso to section 40(a)(ia) is declaratory and as retrospective effect from 01.04.2005

November 30, 2023 1857 Views 0 comment Print

Delhi High Court held that the insertion of second proviso to Section 40(a)(ia) of the Act is declaratory and curative in nature and has retrospective effect from 1st April 2005. Petition dismissed in view that appeal doesn’t bear any substantial question of law.

Deduction u/s 80(2)(d) available to co-operative society on interest received on deposits with co-operative bank

November 30, 2023 10857 Views 0 comment Print

ITAT Mumbai held that were the co-operative society receives/earns the interest on deposits with the co-operative bank is eligible for claim of deduction under Section 80(2)(d) of the Income Tax Act.

Nature and source of investment duly explained hence addition u/s 69 not sustained

November 30, 2023 1872 Views 0 comment Print

Punjab and Haryana High Court held that addition under section 69 of the Income Tax Act towards unexplained investment unsustainable as nature and source of the investment duly explained.

Writ against notice not entertained as authority who issued notice should be approached

November 30, 2023 1458 Views 0 comment Print

Andra Pradesh High Court dismissed the writ petition preferred against show cause notice in Form GST DRC-01 as the petitioner is required to approach the authority which has issued the notice and file the necessary objections with evidence.

Addition u/s 68 towards unexplained cash credit based on presumptions & conjectures unsustainable

November 30, 2023 4188 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unsustainable as the addition was made by AO on the basis of presumptions and conjectures and without conducting any independent investigation.

EOU permitted to destroy obsolete goods on payment of duty on scrap value

November 30, 2023 2859 Views 1 comment Print

CESTAT Bangalore held that destruction of obsolete goods allowed to EOU on payment of duty on scrap value. Accordingly, held that when goods are destroyed EOU is not liable to pay duty on original value at the time of import.

Remission of property tax not granted in absence of advance notice u/s. 239(3) of Kerala Municipality Act

November 30, 2023 1641 Views 0 comment Print

Kerala High Court held that Municipality cannot grant remission of the property tax in absence of valid advance notice, as required under sub-section (3) of section 239 of the Kerala Municipality Act, to the Secretary for claiming remission of property tax in respect of the building that is vacant or which would be vacant from a particular date.

Deduction u/s 80P(2) available to co-operative society on interest received from investment in banks

November 29, 2023 2487 Views 0 comment Print

ITAT Visakhapatnam held that cooperative society is eligible for deduction U/s. 80P(2)(a)(i) of the Income Tax Act on the interest income received from investment in banks.

No appeal lies u/s. 260A against an order passed u/s. 254(2) of Income Tax Act

November 29, 2023 1791 Views 0 comment Print

Orissa High Court held that order passed under Section 254 (2) of the Income Tax Act, 1961 cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court.

Cost base should exclude pass through cost which are directly related to third parties

November 29, 2023 822 Views 0 comment Print

ITAT Delhi held that the pass through cost to the extent which are directly relatable to third parties, namely, advertisement and publicity; business promotion and participation in trade events are to be excluded from the cost base.

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