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Deduction u/s 80P(2)(d) is available on entire interest income which includes amount credited to balance sheet

June 16, 2023 1398 Views 1 comment Print

ITAT Mumbai held that deduction under section 80P(2)(d) is allowable on the entire interest income received by the assessee from the Co-operative bank which includes the amount credited to the balance sheet.

Employees of PSU not eligible to claim 100% exemption u/s 10(10AA)

June 16, 2023 4464 Views 0 comment Print

ITAT Jaipur held that 100% exemption u/s. 10(10AA) denied as employees of Public Sector Undertaking (PSU) and Nationalized Banks or other Institutions which are classified as ‘State’ cannot be assumed the status of Central Government and State Government employees.

Registration u/s 80G granted as donation to other trusts/society qualifies as charitable activity

June 16, 2023 1605 Views 0 comment Print

ITAT Indore held that registration under section 80G duly granted as giving donations to other trusts and societies to enable those trust and societies undertake their charitable activities is also one of the way of carrying out charitable activity.

Penalty u/s 271B unsustainable on local authority not engaged in business or earning profit

June 16, 2023 657 Views 0 comment Print

ITAT Delhi held that assessee being a local authority is not engaged in business or earning profit, accordingly, penalty u/s 271B for not getting accounts audited unsustainable.

Business auxiliary service provided by commission agent is relation to black tea is exempt

June 15, 2023 1602 Views 0 comment Print

CESTAT Chennai held that black tea classifiable as agricultural product within the definition or meaning under notification no. 13/2003-S.T. dated 20.06.2003 as amended vide notification no. 08/2004-S.T. dated 09.07.2004. Hence, business auxiliary service provided by a commission agent in relation to sale or purchase of black tea is exempt from service tax.

AO obliged to refer matter to valuation officer when appellant objects to adoption of stamp duty value as full value of consideration

June 15, 2023 897 Views 0 comment Print

ITAT Mumbai held that when appellant objects to the adoption of stamp duty value in terms of section 50C(1) of the Income Tax Act as full value of consideration, AO is under obligation to refer the matter to the valuation officer under section 50C(2) of the Income Tax Act.

Anonymous donations and explanation thereof needs re-verification for claiming exemption u/s 10(23C)(iiiad)

June 15, 2023 621 Views 0 comment Print

ITAT Kolkata remanded the matter back to AO for the purpose of verification of documents and materials placed on record in respect of anonymous donations as well as the explanation for receipt of hall rent and accommodation so as to allow the claim of exemption u/s. 10(23C)(iiiad) of the Act.

Employees’s share in relevant funds should be deposited before due date for claiming deduction u/s 36(1)(va)

June 15, 2023 750 Views 0 comment Print

ITAT Delhi held that the deduction u/s 36(1)(va) of the Income Tax Act can be allowed only if the employees’ share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts.

Used Rails falls under CTH 7302 and not CTH 7204

June 15, 2023 2031 Views 0 comment Print

CESTAT Ahmedabad held that classification under 7204 for ‘used rails’ declared as Heavy Melting Scrap is improper and the product is correctly classifiable under Heading 7302.

Appeal filed is abated post approval of resolution plan by NCLT

June 15, 2023 1419 Views 0 comment Print

CESTAT Mumbai held that from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become functus officio in the matters relating to this appeal

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