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Appeal dismissed for non-prosecution due to repeated adjournments

October 7, 2023 816 Views 0 comment Print

CESTAT Allahabad dismissed the appeal for non-prosecution as repeated adjournments were asked for in mechanical and routine manner.

Mechanical issuance of notice u/s 148 of the Income Tax Act is unsustainable

October 7, 2023 1215 Views 0 comment Print

ITAT Chennai held that notice u/s 148 of the Income Tax Act being issued mechanically by AO without going through the original assessment records and without verification of documents on records is unsustainable in law.

Interest not leviable in case of revenue neutral situation

October 7, 2023 3576 Views 0 comment Print

CESTAT Kolkata held that payment of interest doesn’t arise in the case of revenue neutral situation and hence no interest is payable by the appellant.

Exemption availability u/s. 38(1)(b) of Insecticide Act, 1968 to Ethephon not decided due to pending proceeding

October 7, 2023 393 Views 0 comment Print

Allahabad High Court disposed of the writ petition stating that it is premature to reach a fact conclusion whether Ethephon is an insecticide to which exemption is available or not available under Section 38(1)(b) of the Insecticide Act, 1968 as proceeding u/s 124 is pending.

Disallowance under rule 8D(2)(ii) unjustified as interest bearing funds not applied for making investments

October 7, 2023 477 Views 0 comment Print

ITAT Kolkata held that there is no finding that interest bearing funds have been applied for purpose of making investment. Further, on account of sufficient availability of interest free funds, interest disallowance under rule 8D(2)(ii) unjustified.

Mere non-attendance of summons cannot be reason to disbelieve genuineness of transaction

October 7, 2023 1131 Views 0 comment Print

ITAT Mumbai held that the assessee had furnished sufficient evidences to justify the genuineness of the payments and therefore their mere non-attendance of summons, cannot be reason enough to disbelieve the genuineness of the transactions with them. Accordingly, addition u/s. 69C deleted.

Penalty u/s 270A not imposable in absence of any malafide intention to claim excess deduction

October 6, 2023 1713 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 270A of the Income Tax Act unsustainable in absence of any malafide intention on the part of the assessee to claim excess deduction under section 32AC of the Income Tax Act.

Determination of ALP without applying methods prescribed u/s 92C is untenable

October 6, 2023 504 Views 0 comment Print

ITAT Mumbai held that the determination of Arm’s Length Price (ALP) without applying any methods as prescribed under section 92C(1) of the Income Tax Act by the TPO is not tenable in law.

Provisional release of prohibited black pepper granted u/s. 110A of the Customs Act

October 6, 2023 1242 Views 0 comment Print

Madras High Court held that goods cannot be confiscated and vested with the Government. Thus, court ordered provisional release of imported consignment of prohibited black pepper u/s. 110A of the Customs Act on satisfying specific conditions and requirements.

Application of ED for declaring Mehul Choksi as a fugitive economic offender is acceptable

October 6, 2023 480 Views 0 comment Print

Bombay High Court held that application of Enforcement Directorate u/s. 4 read with Section 12 of the Fugitive Economic Offenders Ordinance, 2018 praying that the Applicant (Mehul Choksi) be declared as a fugitive economic offender is acceptable as requirement of Section 4 duly complied.

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