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Penalty u/s 271(1)(b) not imposable for non-compliance of section 142(1)

February 28, 2023 5598 Views 0 comment Print

ITAT Jodhpur held that penalty under section 271(1)(b) of the Income Tax Act not imposable for non-compliance of section 142(1) of the Income Tax Act.

Penalty u/s 270A deleted as quantum of addition not finalized

February 28, 2023 3399 Views 0 comment Print

ITAT Chennai held that as the quantum of addition has not attained its finality, the penalty levied under section 270A of the Income Tax Act not imposable.

Amount payable under SVLDRS cannot be more than amount confirmed vide OIO

February 28, 2023 1350 Views 0 comment Print

Delhi High Court held that amount payable under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 ( SVLDRS ) cannot be more than the amount confirmed vide Order-In-Original.

Asset cannot be said to be held as stock-in-trade in absence of evidence proving the same

February 28, 2023 2343 Views 0 comment Print

ITAT Mumbai held that mere presumption that plots are intended for further sale and hence plots were stock-in-trade does not make the claim satisfying as the assessee failed to prove the same by way of evidences.

TDS credit cannot be denied for non-furnishing of declaration u/r 37BA(2) while clubbing of income

February 28, 2023 9114 Views 0 comment Print

ITAT Pune held that mere non-furnishing of declaration to the bank in terms of proviso to rule 37BA(2) of the Income Tax Rules, the amount of tax deducted at source on interest on bank deposit cannot be disallowed while clubbing of the income.

Denial of Cenvat on input services like car hire charges, travel expenses, insurance charges, etc. not maintainable

February 28, 2023 882 Views 0 comment Print

CESTAT Delhi held that denial of Cenvat credit on input services such as Car hire charges, Insurance charges, Travel expenses and Staff welfare expenses is not legally maintainable in terms of Rule 2 (1) of CCR, 2004.

On-money receipts taxable as unaccounted sales only to the extent of net profit rate

February 28, 2023 3849 Views 0 comment Print

ITAT Ahmedabad held that entire receipts on account of on-money-premium charged would not to be treated as the undisclosed income but only net profit rate could be applied on unaccounted sales/receipt for the purpose of making addition.

Refund not hit by unjust enrichment as CA certifies that duty has not been passed on furnished

February 28, 2023 1839 Views 0 comment Print

CESTAT Chennai held that refund is not hit by unjust enrichment as chartered accountant certificate duly furnished satisfying that the duty has not been passed on.

Exemption u/s 54F available towards purchase of residential property one year before the sale of capital asset

February 28, 2023 7149 Views 0 comment Print

ITAT Mumbai held that purchase of residential property within specified period of one year before the sale of capital asset (commercial property) is allowable as exemption under section 54F of the Income Tax Act 1961.

Service of collection of toll fee on behalf of NHAI not covered under service tax

February 28, 2023 3486 Views 0 comment Print

CESTAT Delhi held that service of collection of Toll (user) fee on behalf of National Highway Authority of India (NHAI) not covered under service tax for the period prior to introduction of negative list regime.

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