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Circular 36/2010 Customs dated 23.09.2010 is ultra vires of section 149 of Customs Act

September 25, 2023 6063 Views 0 comment Print

Bombay High Court held that Para 3(a) of Circular No. 36/2010 Customs dated 23.09.2010 imposing time limits for amending shipping bills is ultra vires of Section 149 of the Customs Act, 1962.

Weighted deduction available on all expenditure incurred on in-house research & development facility

September 25, 2023 1377 Views 0 comment Print

ITAT Ahmedabad held that assessee is entitled to claim weighted deduction on all expenditure incurred by it, on in-house research & development facility. Accordingly, restricting claim of weighted deduction u/s 35(2AB) to the extent approved by the prescribed authority i.e. DSIR unjustified.

Passing of detention order without recording any findings is unsustainable in law

September 25, 2023 753 Views 0 comment Print

Allahabad High Court held that passing of detention order without recording any findings with regard to the submissions made by the assessee is unsustainable in the eye of law and liable to be quashed.

Deduction u/s. 80G available on corpus contribution to donee relating to CSR activities

September 25, 2023 4125 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80G of the Income Tax Act duly available irrelevant of the fact that corpus contribution to the donee relates to the CSR activities.

Interest not leviable on late deposit of TDS due to Interim Order

September 25, 2023 507 Views 0 comment Print

ITAT Delhi held that interest on late deposit of TDS deleted as assessee was having sufficient cause for not depositing the TDS on time due to the Interim Order passed by the Hon’ble Madras High Court.

Initiation of proceedings u/s 147 based on typographical error unsustainable

September 25, 2023 705 Views 0 comment Print

ITAT Ahmedabad held that a typographical error cannot be a reason to believe that the income of the assessee has escape assessment and hence initiation of proceedings under section 147 of the Income Tax Act is unsustainable.

Invocation of revisionary jurisdiction u/s. 263 unjustified when AO took plausible view

September 25, 2023 411 Views 0 comment Print

ITAT Pune held that invocation of revisionary jurisdiction u/s. 263 of the Income Tax Act unjustified when AO examined the claim and took one of the plausible views and hence the assessment order cannot be termed as an “erroneous”.

Addition u/s 69A unjustified as evidences explaining nature & source of cash deposits filed

September 23, 2023 3855 Views 0 comment Print

ITAT Chennai held that addition towards unexplained money u/s 69A of the Income Tax Act unjustified as assessee has filed necessary evidence to explain nature and source for cash deposits.

Order passed u/s 153A without generating DIN is invalid

September 23, 2023 1833 Views 0 comment Print

ITAT Delhi held that for the purpose of Section 153A/143(3) of the Income Tax Act, the assessment can be said to be ‘made’ only when the DIN is quoted on the order before it is signed. Order passed u/s 153A without first generating the DIN is invalid and bad-in-law.

Section 45(3) applies to capital asset transferred to firm by way of capital contribution

September 23, 2023 7419 Views 0 comment Print

ITAT Ahmedabad held that the provision of section 50C of Act cannot be made applicable to transaction of capital assets transferred by assessee to a partnership firm by way capital contribution. Such transaction falls under the provision of section 45(3) of the Income Tax Act.

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