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Amendment to section 40(a)(ia) vide Finance Act 2020 is retrospective in nature

April 29, 2023 8199 Views 1 comment Print

ITAT Cochin held that amendment to section 40(a)(ia) of the Income Tax Act made by the Finance Act 2020 is retrospective in nature. Accordingly, TDS deposited on or before the due date of filing return u/s 139(1) is allowable.

Non-deduction of TDS/ reversal of TDS on interest payment based on Form 15G/15H justified

April 29, 2023 8793 Views 0 comment Print

ITAT Chennai held that non-deduction of TDS and reversal of TDS deduction on interest payment on the basis of declaration in Form No. 15G/ 15H is justifiable.

Contract involving supply or deemed supply of goods and rendering service falls within works contract service

April 28, 2023 1647 Views 0 comment Print

Delhi High court held that in case there is supply or deemed supply of goods and rendering service, the same will fall within the ambit of works contract service regardless of whether or not VAT or service tax is payable.

CWC entitled to demand and collect rent for goods entrusted to its custody

April 28, 2023 1023 Views 0 comment Print

Calcutta High Court held that warehousing agency namely CWC (Central Warehousing Corporation) is statutorily entitled to demand and collect rent for the storage on the date when goods were entrusted to the custody of CWC.

Disallowance of interest on partner’s loan unjustified as partnership deed specifies entitlement of interest

April 28, 2023 5991 Views 0 comment Print

ITAT Delhi held that as per partnership deep, partners shall be entitled to interest on their loan accounts with the firm at the prescribed rates, hence disallowance of the same is unjustified.

Due to suo motu disallowance, additional disallowance on travel and foreign travel expenses unjustified

April 28, 2023 1278 Views 0 comment Print

ITAT Mumbai held that based on suo motu disallowance, additional disallowance on travel expenses and foreign travel expenses unjustified.

Stay of 80% of demand granted as 20% of disputed tax, interest and penalty already recovered

April 28, 2023 2328 Views 0 comment Print

Madras High Court granted the stay in respect of 80% of the demand, as 20% of the disputed tax, interest and penalty already recovered by the department from the bank account of the petitioner.

Extended period of limitation not invocable as non-payment of tax was due to bonafide belief

April 28, 2023 876 Views 0 comment Print

CESTAT Chennai held that non-payment of service tax under GTA by assessee (Co-operative Society) was due to bonafide belief and there was no deliberate intention for not paying tax. Accordingly, extended period of limitation not invocable.

Deduction u/s 10AA claimed in revised return cannot be disallowed

April 28, 2023 1623 Views 0 comment Print

ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.

Denying cross examination of witnesses and non-supplying of records renders proceeding untenable

April 28, 2023 1074 Views 0 comment Print

CESTAT Kolkata held that denial of cross examination of witnesses and non-supply of relevant records is clear violation of principle of natural justice and accordingly impugned order is unsustainable.

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