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Business promotion & Diwali expenses allowable as genuineness not doubted

November 3, 2022 3030 Views 0 comment Print

ITAT Delhi held that there is no doubt about the genuineness of the expenditure of business promotion expenses and Diwali expenses and there is also no finding that such expenses are incurred for the personal purpose/ extraneous nature of expenses.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2418 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

Companies with similar functionality can be compared while valuing international transaction

November 2, 2022 1530 Views 0 comment Print

ITAT Hyderabad held that for comparability of company with that of the assessee, in case of international transactions, the criteria of functionally comparability needs to be considered.

Impugned order quashed for want of proper notice

November 2, 2022 2151 Views 0 comment Print

Chhattisgarh High Court held that impugned order is not sustainable as Show Cause Notice under Section 49 (3) is not stated to be issued nor placed on record by learned counsel for the State.

Sub-leasing of container amounts to deemed sale and hence service tax not leviable

November 2, 2022 2256 Views 1 comment Print

Bombay High Court held that sub-leasing of containers by original lessee to another lessee wherein, possession and control is transferred, the same amount to deemed sale within the meaning of Article 336(29A)(d) of the Constitution of India and hence service tax not leviable.

Maximum fine for commission of offence u/s 138 of NI Act is twice the amount of cheque

November 2, 2022 15843 Views 0 comment Print

Kerala High Court held that statutory provision with regard to punishment provided for commission of offence u/s 138 of Negotiable Instrument Act, 1881 is clear that the maximum fine shall be twice the amount of the cheque and nothing more

Depreciation on goodwill resulted from approved scheme of amalgamation is allowable

November 2, 2022 3201 Views 0 comment Print

ITAT Kolkata held that the claim the depreciation on goodwill which has resulted from the scheme of amalgamation which was duly approved by the Hon’ble Calcutta High Court cannot be rejected.

Exemption u/s 10AA available on goods re-exported by approved SEZ unit

November 2, 2022 2070 Views 0 comment Print

ITAT Mumbai held that exemption u/s 10AA of the Income Tax Act available in case imported goods are re-exported by a unit duly approved by development commissioner of concerned SEZ.

Amount booked on actuarial valuation cannot be contingent

November 2, 2022 1887 Views 0 comment Print

ITAT Bangalore held that provision for long term service award is made on actuarial valuation and amount provided for in the books of accounts based on actuarial valuation cannot be said to be contingent.

Condonation not granted due to casual approach of the appellant

November 2, 2022 1563 Views 0 comment Print

ITAT Pune rejected the petition for condonation of delay in filing an appeal as it was found that the appeal was casual, non-serious and non-vigilant in preferring appeal against the impugned orders.

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