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Disallowance of loss on share unsustainable as evidences duly submitted

December 23, 2022 945 Views 0 comment Print

ITAT Ahmedabad held that disallowance of loss on share on mere conjecture and surmises is unsustainable as assessee duly submitted all the evidences.

Interest income to co-operative society from investment with co-operative bank is eligible for deduction u/s 80P(2)(d)

December 23, 2022 6600 Views 0 comment Print

ITAT Mumbai held that the interest income earned by a cooperative society on its investments held with a cooperative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Income Tax Act.

Higher depreciation @60% allowable to UPS and printers

December 23, 2022 1545 Views 0 comment Print

ITAT Chennai held that UPS and Printers being part of a computer systems and hence eligible for higher depreciation at the rate 60%

Remuneration including bonus to partners should be within permissible limit u/s 40(b)

December 23, 2022 477 Views 0 comment Print

ITAT Delhi held that total allowance of the remuneration (including bonus) to the partners has to be within the permissible limit of provisions of section 40(b) of the Income Tax Act.

Circular restricting prosecution after age of 70 years doesn’t permit escape route for wrong dead

December 23, 2022 6657 Views 0 comment Print

Delhi High Court held that circular/ instruction no. 5051 dated 07.02.1991 states that prosecution normally be not initiated against a person who has attained the age of 70 years at the time of commission of offence. However, petitioner cannot be permitted to take benefit of Circular/ Instruction No. 5051 dated 07.02.1991 to find an escape route for the wrong committed by him.

Once assessment of shipping bill has attained finality, classification of goods cannot be subsequently questioned

December 23, 2022 1431 Views 0 comment Print

CESTAT Ahmedabad held that as assessment of shipping bills has attained finality, classification of goods cannot be questioned subsequently by the Customs.

Bail granted as charges failed to be not proved against appellant

December 23, 2022 1905 Views 0 comment Print

Chhattisgarh High Court held that the prosecution has miserably failed to prove that the appellant possessed properties disproportionate to his known source of income. Accordingly, appellant is acquitted of the charge under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act and hence bail granted.

Inland Haulage Charges covered under Article 9 of India-France Tax Treaty hence not taxable

December 23, 2022 1908 Views 0 comment Print

ITAT Mumbai held that Inland Haulage Charges forms part of income from operation of ships in international traffic and hence covered under Article-9 of India-France Tax Treaty is not taxable in India.

Interest earned by co-operative society out of investment with co-operative bank is deductible u/s 80P(2)(d)

December 23, 2022 2793 Views 0 comment Print

ITAT Mumbai held that interest income earned by co-operative society on its investment held with the co-operative bank would be eligible for claim of deduction under section 80P(2)(d) of the Income Tax Act.

Rejection of transaction value without evidence on record is untenable

December 22, 2022 1596 Views 0 comment Print

CESTAT Ahmedabad held that rejection of transaction value and enhancement of assessable value has to be on the basis of some evidence on record. Rejection of transaction value in absence of any evidence is untenable in law.

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