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Penalty u/s 271(1)(c) not leviable as tax assessed is equal to TDS deducted

January 2, 2023 3567 Views 0 comment Print

ITAT Chandigarh held that as tax finally assessed would be equal to the tax deducted at source and hence there is no basis for levy of penalty u/s 271(1)(c) of the Income Tax Act.

No duty demand in absence of mala fide intention to send semi-finished product to hired premises

January 2, 2023 342 Views 0 comment Print

CESTAT Kolkata held that duty cannot be levied in absence of evidence proving that semi-finished products is sent to the hired premises with mala fide intention of the appellant.

Deduction u/s 24 available for interest on loan of leased part of building

January 2, 2023 1143 Views 0 comment Print

ITAT Mumbai held that interest on loan in respect of leased portion of the building is eligible for deduction u/s 24 of the Income Tax Act and accordingly cannot be allowed as work-in-progress.

Royalty payment to holding company for using brand name is revenue expenditure

January 2, 2023 4149 Views 0 comment Print

ITAT Chennai held that amount of royalty payment to holding company for using brand name is allowable as revenue expenditure.

Addition u/s 68 unsustainable regarding trading liabilities with availability of corresponding purchases

January 2, 2023 3903 Views 0 comment Print

ITAT Kolkata held that liabilities which are incurred as trading liabilities with corresponding purchases cannot be subject matter of addition under section 68 of the Income Tax Act.

Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 2376 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Late fee on filing new Bill of Entry as old Bill of Entry got purged is unsustainable

January 2, 2023 5265 Views 0 comment Print

CESTAT Mumbai held that imposing late fee charges on filing of new Bill of Entry, as old Bill of Entry got purged and erased in ICEGATE, is unsustainable in law.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 1116 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

Re-assessment proceedings against dissolved entity is unsustainable

January 2, 2023 2049 Views 0 comment Print

Delhi High Court of the petitioner is that the impugned proceedings for reassessment have been triggered against an entity, which is no longer in existence.

Suo moto revisional power passed by Addl. CST lack jurisdiction

January 2, 2023 1728 Views 0 comment Print

Orissa High Court held that suo moto revisional power passed by the Addl CST lacked jurisdiction and beyond the powers to revise the order of STO and hence liable to be quashed.

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