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Disallowance u/s 36(1)(iii) unsustainable as interest bearing funds not utilized for non-business purpose

August 26, 2023 723 Views 0 comment Print

ITAT Ahmedabad held that disallowance of interest under section 36(1)(iii) unsustainable as interest bearing funds were not utilized for non-business purpose and interest free advances were made in the course of business.

Extended period of limitation invoked as facts suppressed with intention to evade payment of tax

August 26, 2023 891 Views 0 comment Print

CESTAT Chennai held that extended period of limitation invoked as appellant suppressed provision of service falling under the category of ‘Erection, Commissioning and Installation’ service with intention to evade payment of tax.

Order passed without assigning any reasons is non-speaking order

August 26, 2023 6555 Views 0 comment Print

CESTAT Delhi held that order passed without assigning any reasons is non-speaking order and, accordingly, the same is bad-in-law and is liable to be set aside.

Merely billing customers for booking of cargo space doesn’t make one a Freight Forwarder

August 26, 2023 1950 Views 0 comment Print

CESTAT Chennai held that merely billing customers for booking of space does not make one a Freight Forwarder. Therefore, the appellant whose activity has failed to establish his credential as a Freight Forwarder is found to satisfy the classification of Business Support Service. Accordingly, demand sustained.

Interest on Pre-deposit Refund payable after 3 Months from Tribunal Order

August 25, 2023 2661 Views 0 comment Print

CESTAT Ahmedabad held that appellant are entitled for the interest from the 3 months of the order of the tribunal till the refund of pre-deposit was granted.

Revisionary proceedings u/s 263 justified if no proper inquiry by AO

August 25, 2023 606 Views 0 comment Print

ITAT Jaipur held that invocation of revisionary proceedings u/s 263 of the Income Tax Act justified in absence of proper inquiry by AO which renders the assessment order erroneous as well as prejudicial to the interest of revenue.

Delay in filing appeal beyond extended period of 30 days not condonable

August 25, 2023 5748 Views 0 comment Print

CESTAT Allahabad held that any delay in filing of an appeal beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned

Cash Credit Addition Deletion by CIT(A) without Verification is Unjustified

August 25, 2023 816 Views 0 comment Print

ITAT Delhi held that addition of cash credits in various bank accounts deleted by CIT(A) without verifying the persons/firm/Companies from whom the alleged amount has been credited is bad-in-law. Accordingly, matter resorted to the file of AO.

Addition u/s 69B based on incriminating material found during search action sustained

August 25, 2023 2865 Views 0 comment Print

ITAT Mumbai held that addition under section 69B of the Income Tax Act towards unexplained investment sustained excel sheet and whatsapp chat are incriminating material found and seized during the course of search action.

Revisionary proceedings u/s 263 justified as AO passed order without necessary enquiry

August 25, 2023 714 Views 0 comment Print

ITAT Bangalore held that PCIT duly invoked provisions of section 263 of the Income Tax Act as assessment order was passed by AO without carrying out necessary enquiry/verification.

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