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Addition of advances received as deemed dividend unsustainable as it is purely business transaction

July 4, 2023 969 Views 0 comment Print

ITAT Kolkata held that addition of advances received by the company as deemed dividend in terms of provisions of section 2(22)(e) of the Income Tax Act unsustainable as advances are received from the concerns purely as business transaction.

Service tax not leviable on provision as per GAAP for sharing expenditure of receipt of sponsorship services

July 4, 2023 774 Views 0 comment Print

CESTAT Chennai held that the provisions made in the books of account by the appellant as per the GAAP towards sharing the expenditure on account of receipt of sponsorship services cannot be subjected to tax.

Delay in filing return and Form No. 67 is not fatal to claim Foreign Tax Credit

July 4, 2023 1833 Views 0 comment Print

ITAT Bangalore held that delay in filing the return and Form No.67, beyond period under section 139(1) of the Act, is not fatal to the claim of FTC. Foreign Tax Credit duly available in respect of income taxable in India and received outside India for the amount of taxes paid outside India.

No Penalty u/s 271(1)(c) for mere Incorrect Claim

July 4, 2023 3129 Views 0 comment Print

ITAT Ahmedabad held that making of incorrect claim in law cannot tantamount to furnishing of inaccurate particulars or concealment of income. Therefore, the penalty under section 271(1)(c) of the Income Tax Act not sustainable.

Embezzlement Loss in Charitable Trust’s Activities allowable

July 4, 2023 984 Views 0 comment Print

ITAT Chandigarh held that loss incurred on account of embezzlement during the course of day to day carrying out of charitable activities by the trust is revenue loss and duly allowable.

Addition towards cash deposited during demonetization set aside for de novo proceedings

July 3, 2023 14154 Views 0 comment Print

ITAT Lucknow sets aside additions made for cash deposits during demonetization in Shiva Goods Carrier Pvt Ltd vs DCIT, orders de novo proceedings under section 68 of the Income Tax Act.

Demand on semi-finished and finished goods not sustained as goods exported on payment of duty

July 3, 2023 1089 Views 0 comment Print

CESTAT Chennai held that duty demand on semi-finished goods and finished goods not sustainable as goods are exported on payment of duty under section 3(1) of the Central Excise Act, 1944.

Land transferred at the time of execution of Development Agreement cannot be taxed in year of Sale Agreement

July 3, 2023 6117 Views 0 comment Print

ITAT Mumbai held that land was transferred to the builder/ developer at the time of execution of Development Agreement i.e. 18/01/2008 and accordingly, the same cannot be taxed in the year of agreement of sale i.e. A.Y. 2010-2011.

Exemption u/s 11 available against receipt of trust from activities like sale of plots/ flats

July 3, 2023 2589 Views 0 comment Print

ITAT Chandigarh held that receipts of the assessee trust from its activities of sale of plots, flats and commercial booths and also its income earned form non-construction fee, transfer fee, penal interest and compounding fee, etc., are held to be entitled for exemption under Section 11 of the I.T. Act.

Rate at which loan taken by Appellant cannot be taken as internal CUP to benchmark loan given to AE

July 3, 2023 972 Views 0 comment Print

ITAT Mumbai held that TPO was correct in concluding that the rate at which loan is taken by the Appellant cannot be taken as internal CUP to benchmark the loan given by the Appellant to its AE as there is a difference in credit rating of the Appellant and its AE.

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