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Matter restored as ex-parte addition made towards unexplained investment

September 23, 2023 621 Views 0 comment Print

ITAT Delhi held that as lower authority made ex-parte addition towards unexplained investment u/s 69 of the Income Tax Act matter restored to CIT(A) for denovo adjudication giving last opportunity to assessee to explain source of investment.

Excess income declared during survey proceedings treated as business income

September 23, 2023 810 Views 0 comment Print

ITAT Pune held that the excess income declared during the course of survey proceedings cannot be treated as unexplained income, but, the same is treated as business income.

Cenvat credit availed not to be reversed once duty on final product accepted

September 22, 2023 555 Views 0 comment Print

CESTAT Mumbai held that once the duty on final products has been accepted by the department, CENVAT credit availed need not be reversed even if the activity docs not amount to manufacture.

Excess stock found during survey cannot be treated as deemed income u/s. 69B

September 22, 2023 3051 Views 0 comment Print

ITAT Amritsar held that excess stock found during the survey only be treated as income under the head business income and not as deemed income under section 69B of the Income Tax Act.

Motor vehicle chassis cleared to projects funded by International Organization is exempt from excise duty

September 22, 2023 213 Views 0 comment Print

CESTAT Kolkata held that central excise duty exemption available under notification no. 108/95-CE dated 28.08.1995 as amended vide Notification No.13/2008-CE dated 01.03.2008 is allowable to appellant as motor vehicle chassis are cleared to the projects funded by International Organization.

Income from listed shares & securities treated as stock-in-trade taxable as business income

September 22, 2023 1032 Views 0 comment Print

ITAT Chennai held that income from listed shares and securities which had been treated as stock in trade by assessee is taxable under the head income from business and profession and not under the head capital gain.

Additional claim not allowable u/s. 43B(a) as assessee not legally obliged to pay customs duty

September 22, 2023 510 Views 0 comment Print

ITAT Ahmedabad held that as assessee was not legally obliged to pay customs duty amount, additional claim towards payment of such customs duty cannot be allowed under provisions of section 43B(a) of the Income Tax Act.

TDS not deductible on payment towards External Development Charges to HUDA

September 22, 2023 1689 Views 0 comment Print

ITAT Delhi held that the assessee has not committed any violation of provision of Chapter XVII B of the Act by making payment towards External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favoring Haryana Urban Development Authority (HUDA).

Books of accounts having number of defects & discrepancies duly rejected u/s. 145(3)

September 22, 2023 381 Views 0 comment Print

ITAT Delhi held that rejection of books of accounts u/s. 145(3) of the Income Tax Act justifiable as there was number of defects and discrepancies in the same.

Subsequent service of order copy is considered as date of communication of order

September 22, 2023 1206 Views 0 comment Print

CESTAT Ahmedabad held that the subsequent service of the order copy to the appellant is the date of communication of the order-in-original to the appellant.

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