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Expenditure relating to import of rubber process oil incurred for carrying on business is deductible u/s 37(1)

May 24, 2023 972 Views 0 comment Print

ITAT Delhi held that expenses in relation to import of rubber process oil, loss on price fluctuation, freight and retention charges are incurred in the course of carrying on business and hence allowable as deduction u/s 37(1) of the Income Tax Act.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 3015 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

RCM not payable in absence of service receiver & provider relationship

May 24, 2023 870 Views 0 comment Print

CESTAT Kolkata held that in absence of service receiver and service provider relationship, there is no service tax liability under reverse charge mechanism (RCM) for payment of service tax, vide notification 30/2012 ST (Sr. No. 9 of the table) dated 20.06. 2012 as amended.

Secretion 32 – No condition of put to use once asset falls within a particular block

May 24, 2023 1158 Views 0 comment Print

ITAT Delhi held that as per definition of block of assets u/s. 43(6)(c) of the Income Tax Act there is no condition that the plant and machinery must have been put to use.

Amount paid wholly and exclusively for business purpose is allowable expenditure

May 23, 2023 5019 Views 0 comment Print

ITAT Delhi held that the amount paid by the appellant company to ABOs is payments which is directly related to the business activity and incurred wholly and exclusively for the purpose of business. Accordingly, the same is allowable as business expenditure.

Addition unjustified in absence of concrete material demonstrating understated scrap sales

May 23, 2023 1212 Views 0 comment Print

ITAT Delhi held that addition on the basis of estimation of scrap sales unjustified as AO has not brought on record any concrete material to demonstrate that the sale of Scrap recorded by the assessee is understated.

Addition u/s 68 unsustainable as repayment of loan is made in assessment year itself

May 23, 2023 6462 Views 0 comment Print

Ganesh Ganpat Alim Vs ITO (ITAT Surat) ITAT Surat held that addition under section 68 of the Income Tax Act should not be made when repayment of loan is made in the assessment year itself. Facts- During the assessment proceedings, AO got information from investigation wing that M/s Delight Diam P Ltd. and M/s Bafna […]

Provisions of section 68 not attracted as investment by investor companies explained

May 23, 2023 2508 Views 0 comment Print

ITAT Delhi held that provisions of section 68 of the Income Tax Act are not attracted as the investment by the investor companies is duly explained. Further, identity, genuineness of transactions and creditworthiness of investor companies duly proved.

Penalty u/s. 271AAA not imposable as undisclosed income admitted in statement recorded u/s 132(4)

May 23, 2023 2244 Views 0 comment Print

ITAT Delhi held that penalty under section 271AAA not imposable as undisclosed income admitted in the statement recorded u/s 132(4) and specifies the manner in which the income was derived.

Bogus expenditure incurred in earlier years can be taxed in subsequent years

May 23, 2023 2454 Views 0 comment Print

ITAT Delhi held that the revenue can bring expenditures incurred in earlier years to be taxed in subsequent years if it is proved that the expenditure incurred was bogus.

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