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Addition u/s 68 without cogent material is unsustainable

November 1, 2022 1395 Views 0 comment Print

ITAT Ahmedabad held that addition u/s 68 alleging bogus capital gain simply on the basis of some report finding unearthed in case of third party without cogent material is unsustainable

Invocation of section 263 justifiable as AO failed to reconcile claim of LTCG exemption

November 1, 2022 954 Views 0 comment Print

ITAT Bangalore held that invocation of provisions of section 263 justifiable as AO failed to reconcile the claim of long term capital gain exemption with the amounts furnished in Form 10DB

Deduction of processing fees for purchase of business assets is allowable

October 31, 2022 3396 Views 0 comment Print

ITAT Delhi held that processing fees for purchase of business assets is allowable as deduction as the loan has been taken for purchase of assets which are used for the business of the assessee.

Company can claim depreciation of cars registered in director’s name but used for business purpose

October 31, 2022 22611 Views 0 comment Print

ITAT Chennai held that claim of depreciation and other related expenses is allowed to the company as the cars, registered in the name of directors, are used for the purpose of business.

Foreign exchange loss duly allowable as deduction

October 31, 2022 1896 Views 0 comment Print

ITAT Delhi held that AO duly accepted foreign exchange gain offered to taxation in earlier Assessment Year, hence AO cannot disallow foreign exchange loss assuming it to be a contingent loss in the year under consideration.

Appellate Tribunal is ultimate fact finding authority: Madras High Court

October 28, 2022 2085 Views 0 comment Print

Madras High Court held that as the Appellate Tribunal is the ultimate fact finding authority, it is incumbent on the part of the Appellate Tribunal to examine the claim on the basis of additional documents/ evidences. Accordingly, matter remanded back to Appellate Tribunal to re-examine the issue.

Delay in filing appeal due to lockdown & rectification application condoned

October 28, 2022 2550 Views 0 comment Print

Gujarat High Court held that the expression or word sufficient cause’ occurring in section 5 of Limitation Act, 1963, cannot be construed in a static form. Delay in filing of an appeal on account of rectification application and Lockdown duly condoned.

NCLT approves Resolution plan of Uttam Galva Steel Limited

October 28, 2022 2070 Views 1 comment Print

NCLT Mumbai approved the resolution plan submitted by AM Mining India Pvt. Ltd. for Uttam Galva Steel Limited as the same is not contrary to provisions of section 29A of IBC Code and is in accordance with law

Spare parts & lubricants used in provision of authorized service station service not includible in gross value

October 28, 2022 2214 Views 0 comment Print

CESTAT Ahmedabad held that where during the provision of Authorized Service Station Services, the spare parts and lubricants sold and VAT thereupon was paid the value of such spare parts and lubricants would not attract Service Tax.

Non-dealing with alternative claim cannot be reason for revisionary jurisdiction u/s 263

October 28, 2022 825 Views 0 comment Print

ITAT Ahmedabad held that exercising revisionary jurisdiction u/s 263 of the Income Tax Act for not dealing with alternative claim and claiming the order of AO as prejudicial to the interest of revenue is not sustainable as anyhow deduction was available to the assessee.

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