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Provision for Solid Waste Disposal Expenses being an accrued liability is allowable

March 13, 2023 1581 Views 0 comment Print

ITAT Ahmedabad held that provision for Solid Waste Disposal Expenses made by the assessee is not a contingent liability but is an accrued liability and therefore claim of assessee is allowable.

No section 271B penalty for mere venial technical breach of delay in filing tax audit report

March 13, 2023 3423 Views 0 comment Print

ITAT Chennai held that as per assigning reasons for delay in filing audit report under section 44AB is venial technical breach and accordingly penalty under section 271B of the Income Tax Act not leviable.

Attested copies should be considered as proof of production of document as original documents misplaced

March 13, 2023 1881 Views 0 comment Print

CESTAT Mumbai held that refund claim was rejected on sole ground of non-production of original documents. However, as original documents are misplaced, as per provisions of section 65 of the Indian Evidence Act, attested copies of invoices should be considered as proof of production of document.

‘Chokad’ sold to NALCO not being an ‘industrial input’ doesn’t attract 4% VAT

March 13, 2023 618 Views 0 comment Print

Orissa High Court held that Chokad sold to NALCO not being an industrial input. Accordingly, Entry 74 of Part-II of Schedule B of the OVAT Act attracting 4% VAT doesnot apply to the same.

HC directs CIT to reconsider assessment to redetermine gross profit applicable to unexplained purchases

March 11, 2023 3573 Views 0 comment Print

Delhi High Court directed Commissioner of Income Tax (CIT) to re-consider the high-pitched assessment as gross profit applied is 12.5% as against historical gross profit of 1.06%. Coercive measures against the petitioner instructed to be kept on hold.

Rental income from giving out commercial properties for compensation as per MOA is business income

March 11, 2023 5358 Views 0 comment Print

ITAT Mumbai held that rental income from giving out commercial properties for compensation as per Memorandum of Association (MOA) is to be treated as ‘business income’ and not as ‘income from house property’.

15% accumulation on Profit & gains from incidental business of charitable trust allowed

March 11, 2023 7872 Views 0 comment Print

ITAT Ahmedabad held that only profit and gains derived from the incidental business of charitable-trust would qualify as income for computing statutorily allowed accumulation of 15% in terms of section 11(1)(a) of the Income Tax Act.

ITAT restricts section 54 deduction to one floor of residential house

March 11, 2023 6030 Views 0 comment Print

ITAT Chennai held that deduction under section 54 of the Income Tax Act restricted to only for one floor (3rd floor) as assessee failed to establish that two floors (3rd and 4th floor) is one residential house.

Penalty u/s 129 justified on transportation of goods without a valid e-way bill

March 11, 2023 4452 Views 0 comment Print

Abinash Kumar Singh Vs State of West Bengal & Ors. (Calcutta High Court) Calcutta High Court held that provisions of section 129 of the West Bengal Goods and Services Tax Act, 2017 opens with a non-obstante clause. Accordingly, imposition of penalty u/s 129 justifiable on transporting goods without a valid e-way bill. Facts- The petitioner […]

Amount received for business support services not treatable as FTS

March 11, 2023 2082 Views 0 comment Print

ITAT Delhi held that amount received on account of business support services cannot be treated as ‘Fees for Technical Services’ (FTS) under Article 12(5) of India Netherlands DTAA and hence addition towards the same unsustainable.

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