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Determination of gratuity payable depends on date on which gratuity became payable and not on date of sanction

June 13, 2023 678 Views 0 comment Print

Kerala High Court held that gratuity payable under the said Act has to be determined with respect to the date on which the gratuity became payable and not on the date on which sanction was accorded for payment of DCRG.

Demand for extended period sustained as service tax collected but not deposited

June 13, 2023 297 Views 0 comment Print

CESTAT Chennai held that demand for extended period sustained as appellant collected service tax without registration and without filing of ST-3 returns and also failed to credit the amount collected into the Government account.

Amendment to section 40(a)(ia) vide Finance (No.2) Act, 2014 effective from AY 2015-2016

June 13, 2023 483 Views 0 comment Print

ITAT Mumbai held that amendment to section 40(a)(ia) of the Income Tax Act vide the Finance (No.2) Act, 2014 is effective from 01/04/2015 and shall be applicable from the Assessment Year 2015-2016.

Appeal dismissed as time barred as no evidence of exact date of receipt of OIO by reviewing authority

June 13, 2023 486 Views 0 comment Print

Held that there was no reason to disbelieve, the observation made by the Commissioner (Appeals) that there was no evidence available before him as to the date on which the Reviewing Authority received the order. Appeal by department dismissed as time barred.

Addition restricted to 25% in case of bogus purchase

June 13, 2023 3021 Views 0 comment Print

ITAT Delhi held that addition in case of bogus purchases is restricted to the extent of 25% of the purchases. As lower authorities made addition of 25% of bogus purchase, the same is sustainable.

Reopening of assessment without any new tangible material is untenable in law

June 13, 2023 537 Views 0 comment Print

ITAT Chennai held that reopening of assessment in absence of any failure on the part of the assessee to disclose material facts necessary for the assessment and without any new tangible material is untenable in law.

Reimbursable expenses cannot be subject to levy of service tax

June 12, 2023 894 Views 0 comment Print

CESTAT Chennai held that reimbursable expenses cannot be subject to levy of service tax. Accordingly, demand of service tax set aside as not sustainable

Benefit of exemption u/s 11 not deniable for delay in furnishing of Form No. 10B

June 12, 2023 5421 Views 0 comment Print

ITAT Ahmedabad held that benefit of exemption under section 11 of the Income Tax Act cannot be denied merely on account of delay in furnishing of audit report in Form No. 10B.

Expenses cannot be treated as bogus merely for accounting subsequent to date of search

June 12, 2023 651 Views 0 comment Print

ITAT Mumbai held that expenses booked upto the date of survey cannot be treated as bogus only for the reason that the expenses were accounted in the books of account subsequent to the date of search.

Stamp duty value on date of allotment is to be taken as per first proviso to section 56(2)(vii)(b)

June 12, 2023 2163 Views 0 comment Print

ITAT Mumbai held that as per first proviso to section 56(2)(vii)(b), where date of agreement fixing amount of consideration for transfer of property and ate of registration is not same, the stamp duty value on the date of allotment is to be taken.

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