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Penalty u/s. 271(1)(b) not leviable as non-compliance was due to bonafide reasons

April 11, 2023 11769 Views 0 comment Print

ITAT Surat held that penalty under section 271(1)(b) of the Income Tax Act not leviable merely because the assesse couldn’t make compliance due to some bonafide reasons.

Addition u/s 69A sustainable for not providing satisfactory explanation of source of heavy denomination cash gifts

April 11, 2023 1698 Views 0 comment Print

ITAT Delhi held that addition under section 69A of the Income Tax Act sustainable on failure to provide reasonable explanation of the sources and justification of heavy denomination cash gifts.

Addition on the basis of mis-reporting of insurance company unsustainable

April 11, 2023 1095 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act on the basis of mis-reporting of insurance company is unsustainable in law.

Confiscation of jewellery unsustainable as no evidence established that it is smuggled

April 11, 2023 2019 Views 0 comment Print

CESTAT Delhi held that jewellery is not liable to confiscation in the absence of any evidence that it is smuggled or it has been made by converting smuggled gold.

Obligation u/r 6(2) of CCR fulfilled by availing 85% credit on common input service

April 11, 2023 681 Views 0 comment Print

Calcutta High Court held that by availing only 85% of credit on common input service, obligation under rule 6(2) of Cenvat Credit Rules, 2004 (CCR) is fulfilled.

Assessee can claim TDS credit of Interest income of deceased wife reflected in return

April 11, 2023 4755 Views 0 comment Print

ITAT Cochin held that as assessee dutifully declared interest income of deceased wife’s deposit in his return, assessee is duly eligible to get credit of his deceased wife’s TDS.

Typographical error duly proved based on revised return and CA’s certificate

April 11, 2023 37203 Views 0 comment Print

Delhi High Court held that revised return as well as chartered accountant’s certificate supports the typographical error. Accordingly, OHA directed to determine correct turnover and tax liability thereon.

Indexation from date of acquisition by previous owner available in case of transfer of asset under will

April 11, 2023 2265 Views 0 comment Print

ITAT Mumbai held that while computing capital gains arising of transfer of capital asset acquired by the assessee under the will, the indexed cost of acquisition has to be computed with respect to the year in which the previous owner first held the asset.

Order of CIT(A) suffers from lack of verification of facts and hence matter remanded

April 11, 2023 735 Views 0 comment Print

ITAT Pune remanded the matter as order of CIT(A) suffers from lack of verification of facts and applicability of legal provision in the subject matter.

Fresh refund claim under DVAT 21 not required when claim embedded in return

April 11, 2023 1335 Views 0 comment Print

Delhi High Court held that there is no requirement to file a fresh claim under DVAT 21 as the claim of refund was embedded by the assessee in its return.

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