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Addition towards LTCG sustained as no documentary evidence of lower sale consideration furnished

October 16, 2023 1755 Views 0 comment Print

ITAT Delhi held that addition towards long term capital gain sustained as assessee failed to furnish confirmation from the purchaser company as lower sale consideration was claimed by assessee.

Extended period without willful suppression of facts with an intent to evade tax not invocable

October 16, 2023 600 Views 0 comment Print

CESTAT Allahabad held that invocation of extended period of limitation under proviso to section 73(1) of the Finance Act unjustified in absence of any willful suppression of facts with an intent to evade the payment of tax.

Duty demand unsustainable as activity of fitting power lens into frames doesn’t amount to manufacture

October 14, 2023 300 Views 0 comment Print

CESTAT Chennai held that the activity of fitting the power lens into the frames is merely results in assembly and hence the same doesn’t amount to manufacture. Accordingly, duty demand unsustainable in law.

Section 50C not apply to property purchased/ sold as business property

October 14, 2023 4236 Views 0 comment Print

ITAT Jaipur held that provisions of section 50C of the Income Tax Act is not applicable because the immovable property was purchased/ sold as business property. Further, profit earned was duly reflected in the return of income. Accordingly, demand set aside.

Confirmation of addition by CIT(A) in absence of any evidence u/s 69A justified

October 14, 2023 1170 Views 0 comment Print

ITAT Raipur held that confirmation of addition under section 69A of the Income Tax Act towards unexplained money by CIT(A) in absence of any evidence justified as assessee adopted lackadaisical approach and evaded from participating in proceedings before CIT(A).

Demand u/r 11 unsustainable as rule 10(b) of Central Excise Valuation Rules applies

October 14, 2023 405 Views 0 comment Print

CESTAT Delhi held that once rule 10(b) of the Central Excise Valuation Rules, 1944 gets applicable, residual rule 11 of the Central Excise Valuation Rules, 1944 cannot be applied. Hence, demand confirmed under rule 11 is liable to be set aside.

Service provider liable to pay 50% tax on works contract service provided to body corporate

October 14, 2023 690 Views 0 comment Print

Delhi High Court held that New Okhla Industrial Development Authority (NOIDA) being a body corporate, the petitioner (service provider) was liable to pay service tax on works contract to the extent of 50%. Accordingly, the demand was set aside as 50% service tax was duly discharged.

Revision order u/s 263 without satisfying two essential condition is unsustainable

October 14, 2023 441 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s 263 of the Income Tax Act without satisfying two conditions i.e. order was erroneous and it was prejudicial to the interest of revenue is unsustainable in law and liable to be quashed.

Transfer of goodwill taxable under Capital Gain and not business income

October 14, 2023 1791 Views 0 comment Print

ITAT Mumbai held that amount received by the appellant from VMI in terms of the Settlement Agreement was consideration for transfer of goodwill and the same is taxable under Capital Gains and cannot be treated as business income.

Addition u/s 68 impermissible as income estimated u/s 44AD of the Income Tax Act

October 14, 2023 3915 Views 0 comment Print

ITAT Bangalore held that as income is estimated under section 44AD of the Income Tax Act, so addition under section 68/69A of the Income Tax Act is impermissible.

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