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Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 3411 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

In absence of source of cash loans, provisions of section 269SS/ 269T not applicable

June 8, 2023 2061 Views 0 comment Print

ITAT Indore held that as AO unable to found source of any cash loans during the search proceedings, provisions of section 269SS/ 269T of the Income Tax Act cannot be applied.

Deletion of addition unjustified as nature of entries in cash book not being recorded in day book not considered

June 8, 2023 786 Views 0 comment Print

ITAT Hyderabad held that CIT(A) wrongly deleted the addition as nature of entries found in the cash book which were not recorded in the day book was not considered.

Legal and professional expenses relating to business is revenue in nature

June 8, 2023 1437 Views 0 comment Print

ITAT Bangalore held that legal and professional charges being incurred towards business are allowable as revenue expenditure.

TUFS Scheme interest being capital receipt should be excluded while working out book profits u/s 115JB

June 8, 2023 645 Views 0 comment Print

ITAT Delhi held that interest receipt under Technology Upgradation Fund Scheme (TUFS Scheme) being capital in nature needs to be excluded while working out the book profits under section 115JB of the Income Tax Act.

Reasoned outcome based on analysis of material prevails when two contradictory outcomes are delivered

June 8, 2023 555 Views 0 comment Print

Delhi High Court held that when two contradictory final outcomes is delivered vide two different orders, the reasoned outcome based on analysis of material prevails over outcome without an iota of reason.

Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 603 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Duty demand not sustained as evidence reveals that appellant is an independent manufacturer

June 8, 2023 327 Views 0 comment Print

CESTAT Chennai held that differential duty demand unsustainable as invoices for purchase of raw materials and invoices for clearances of finished products indicate that the appellant is an independent manufacturer.

Claim of exemption of LTCG u/s 10(38) allowable as requisite conditions satisfied

June 8, 2023 2013 Views 0 comment Print

ITAT Cuttack held that claim of exemption of long term capital gains (LTCG), from sale of equity shares, under section 10(38) of Income Tax Act, 1961 allowable as requisite conditions satisfied.

Celling of CENVAT rule 6(3)(c) not apply to capital goods & services specified under rule 6(5)

June 7, 2023 897 Views 0 comment Print

Held that the ceiling of 20% under Rule 6(3)(c) is not applicable to capital goods and 17 input services specified under Rule 6(5) of the CENVAT Credit Rules, 2004.

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