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Addition to capital account of partner sustained on failure to furnish supporting evidence

November 28, 2023 672 Views 0 comment Print

Kerala High Court held that addition to the capital account of the partner duly sustainable in law on account of failure of the assessee to furnish supporting evidence.

No default in payment of advance tax as seized cash offered to be treated as advance tax

November 28, 2023 1140 Views 0 comment Print

Delhi High Court held that there was no default in payment of advance as seized cash was offered by the assessee to be treated as advance tax.

Initiation of proceedings against person other than searched person u/s 148 instead of 153C unsustainable

November 28, 2023 3279 Views 0 comment Print

ITAT Bangalore held that initiation of proceedings against the person other than the searched person under section 148, instead of section 153C, of the Income Tax Act is without any jurisdiction and hence held liable to be set aside.

Input tax credit eligible as GST registration sought from retrospective date

November 28, 2023 1038 Views 0 comment Print

Madras High Court held that as GST registration sought from retrospective date, the input tax credit ought to have provided. Accordingly, impugned order directing to forego Input Tax Credit is unreasonable and cannot be sustained.

Bail rejected as applicant failed to prove him clean-handed in economic offences covering crores of proceeds

November 27, 2023 2799 Views 0 comment Print

Supreme Court of India rejected the bail application as applicant failed to prove him not guilty of the alleged economic offences wherein crores of proceeds of crime were transferred to the shell companies without any genuine business transaction.

Commissioner (A) inadvertently treated appeal as time barred hence matter remanded back

November 27, 2023 1494 Views 0 comment Print

CESTAT Kolkata held that Commissioner (A) inadvertently dismissed the appeal treating it as time barred as the adjudication order dated 23.07.2018 was communicated to the appellant on 05.08.2018. Accordingly, matter remanded back to Commissioner (A) for deciding the issue on merits.

Late fee u/s 234E for delayed filing of TDS return for A.Y. prior to 01.06.2015 unsustainable

November 27, 2023 10125 Views 0 comment Print

ITAT Bangalore held that no computation of fee u/s. 234E of the Act for delayed filing of return of TDS while processing a return of TDS u/s. 234E of the Act could have been made for tax deducted at source for the assessment years prior to 1.6.2015.

Deduction u/s 80HHC not available on profits earned on account of foreign exchange fluctuation

November 27, 2023 1446 Views 0 comment Print

Supreme Court held that profits earned on account of foreign exchange fluctuation cannot be included/ treated as derived from the business of export income. Accordingly, deduction under section 80HHC of the Income Tax Act not available.

Section 56 prescribes interest on delayed refunds after 60 days from date of refund application

November 27, 2023 3729 Views 0 comment Print

Delhi High Court held that interest on delayed refunds as per section 56 of the Delhi Goods and Services Tax Act, 2017 is payable when refund remains unpaid even after sixty days from the date of application for refund.

Finance costs having direct nexus with business is allowable as deduction u/s 36(1)(iii)

November 27, 2023 1437 Views 0 comment Print

ITAT Mumbai held that the finance costs having direct nexus with the business should be allowed as a deduction under section 36(1)(iii) of the Income Tax Act.

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