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Addition of sales reversal entry as unexplained expenditure is unjustified

May 17, 2023 1557 Views 0 comment Print

ITAT Kolkata held that addition of sales reversal entry alleging the same as unexplained expenditure is unjustified and unsustainable in law.

Penalty u/s 271(1)(c) not sustained as concealment or furnishing inaccurate particulars not proved

May 17, 2023 2874 Views 0 comment Print

ITAT Mumbai held that penalty u/s 271(1)(c) of the Income Tax Act unsustainable as entire addition is made on estimation basis and at no point of time it is proved that assessee has concealed the particulars of income or has furnished inaccurate particulars of income.

FIR filed against Secretary of Red Cross not quashed as irregularities observed in order awarded to firm owned by his daughter

May 17, 2023 975 Views 0 comment Print

Punjab & Haryana High Court refused to quash the FIR filed against the Secretary of Red Cross as several irregularities committed in the process of awarding an order to the firm owned by the daughter of the Secretary.

Municipal Commissioner needs to complete assessment within 10 years of issuing initial notice in Form-H

May 17, 2023 4110 Views 0 comment Print

Bombay High Court held that since the Commissioner failed to complete the assessment for the relevant years within a period of ten years of issuing the initial notice in Form-H, the notice is quashed.

Zymegold Plus and Dripzyme are classifiable under CTH 3101 as fertilizer

May 17, 2023 975 Views 0 comment Print

CESTAT Mumbai held that products Zymegold Plus and Dripzyme are classifiable under CTH 3101 as Fertilizer and not as Plant Growth Regulator.

Disallowance of expense u/s 14A unsustainable as investment in shares were stock-in-trade

May 17, 2023 858 Views 0 comment Print

ITAT Chandigarh held that disallowance of expenses u/s 14A read with Rule 8D is unwarranted on the premise that the investment in shares were stock-in-trade.

Invocation of revisionary proceedings u/s 263 merely because of non-agreeing to the view of AO is unjustified

May 17, 2023 1158 Views 0 comment Print

ITAT Delhi held that PCIT is not empowered to invoke revisionary proceedings u/s. 263 of the Income Tax Act, merely because he is not agree with the view taken by the AO. Accordingly, revisionary proceedings bad in law.

CHA cannot be expected to detect fraudulent exporter as bank officials despite verification failed to detect it

May 17, 2023 1344 Views 0 comment Print

CESTAT Delhi held that if the Bank officials despite verification are not able to detect the fraudulent nature of the documents, how can one expect from CHA who is not even a public official to unearth the dubious plan of the exporter.

Disallowance u/s. 14A of Income Tax Act cannot exceed exempt income

May 17, 2023 2145 Views 0 comment Print

ITAT Mumbai held that disallowance made under section 14A of the Income Tax Act cannot extent exempt income earned by the assessee. Accordingly, AO is directed to restrict the disallowance u/s. 14A to the extent of exempt income.

Global operation fees not taxable as FTS under India-UK DTAA

May 17, 2023 1335 Views 0 comment Print

ITAT Delhi held that global operation fees cannot be taxed as Fees for Technical Services (FTS) under the provisions of the Act and the India-UK DTAA as it doesn’t satisfy the ‘make available’ clause contained in Article 13(4)(c) of the India-UK DTAA.

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