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Revisionary jurisdiction u/s. 263 not invocable as AO took plausible view

September 22, 2023 381 Views 0 comment Print

ITAT Kolkata held that PCIT cannot exercise the revisionary jurisdiction to set aside the assessment where the AO has conducted enquiries and taken a plausible view accepting the contentions of the assessee.

Revenue’s appeal dismissed as NCLT admitted application filed u/s 14 of IBC

September 22, 2023 276 Views 0 comment Print

ITAT Delhi held that as National Company Law Tribunal (NCLT) has admitted application filed by the assessee u/s. 14 of the Insolvency and Bankruptcy Code, 2016, the present appeal filed by the revenue deserves to be dismissed.

Disallowance of expenditure u/s 14A unjustified without any dividend income from equity investment

September 22, 2023 297 Views 0 comment Print

ITAT Mumbai held that since the assessee has not earned any dividend income from its equity investment during the year disallowance of expenditure under section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules is not sustainable.

Release of seized gold refused as general corroboration sufficient to seize smuggled gold

September 21, 2023 615 Views 0 comment Print

CESTAT Kolkata held that seized gold biscuits cannot be released as transportation of smuggled gold not justified based on fabricated transit challan and held mere general corroboration is sufficient.

Purchase of own shares comes within the ambit of dividend u/s 2(22) of Income Tax Act

September 21, 2023 2505 Views 0 comment Print

ITAT Chennai held that transaction of purchase of own shares by the appellant company is distribution of accumulated profits within the meaning of section 2(22) of the Income Tax Act, 1961. Accordingly, it is treated as dividend u/s. 2(22)(a)/2(22)(d) read with section 115-O of the Act.

Benefit under Budgetary Support Scheme not available to unit undergoing relocation, expansion & change of ownership

September 21, 2023 819 Views 0 comment Print

Sikkim High Court held that as per guidelines of the Budgetary Support Scheme, if any unit undergoes for relocation, expansion and change of ownership, it will not be eligible under the Budgetary Support Scheme.

Deduction towards fringe benefit tax available while computing book profits u/s 115JB

September 21, 2023 552 Views 0 comment Print

ITAT Delhi held that fringe benefit tax is an allowable deduction in computing book profit as per Section 115JB of the Income Tax Act.

Brand names being intangible assets are amenable to depreciation u/s 32(1)(ii)

September 21, 2023 495 Views 0 comment Print

Delhi High Court held that ‘brand names’ falls within the scope of intangible assets and, accordingly, are amenable to deprecation under Section 32(1)(ii) of the Income Tax Act.

Documents relating to acknowledgment claiming benefit of section 18 of Limitation Act acceptable at appellate stage

September 21, 2023 1899 Views 0 comment Print

Supreme Court held that the documents relating to acknowledgement claiming benefit of Section 18 of the Limitation Act can be accepted even at the appellate stage. Further, acknowledgment of debt in the balance sheet has been held to be a valid acknowledgment for the benefit of Section 18 of the Limitation Act.

Addition u/s. 69C unsustainable as nature of expenditure & source explained

September 21, 2023 3609 Views 0 comment Print

ITAT Chennai held that Once, nature of expenditure and source is explained, then the question of making additions towards refund money as unexplained expenditure u/s. 69C of the Income Tax Act does not arise.

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