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Addition towards unexplained cash deposit unsustainable as creditworthiness and genuineness proved

May 17, 2023 2226 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained cash deposit unsustainable as onus of establishing the creditworthiness and genuineness of the transaction duly proved by the assessee.

Interest on FCCDs is to be computed by applying LIBOR plus 200 points

May 17, 2023 891 Views 0 comment Print

ITAT Hyderabad held that FCCDs are debt hence interest paid/ payable on FCCDs in to be computed by applying LIBOR plus 200 basis points.

Notional interest not taxable as bank statement doesn’t show credit of any interest

May 17, 2023 1155 Views 0 comment Print

ITAT Delhi held that notional interest cannot be taxed as income as bank statement of the foreign bank account doesn’t show that any interest has been credited.

CENVAT Credit on free warranty service provided via dealer duly available to manufacturer

May 17, 2023 546 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit on warranty service provided free of cost during the warranty period through third parties dealer cannot be denied to the manufacturer.

Manual final assessment order without containing DIN is unsustainable in law

May 17, 2023 2838 Views 0 comment Print

ITAT Mumbai held that issuance of manual final assessment order without containing DIN (Document Identification Number) is deemed to have never been issued. Accordingly, the impugned order is unsustainable in law.

Disallowance u/s 36(1)(iii) unjustified as investments made out of interest free funds

May 17, 2023 1272 Views 0 comment Print

ITAT Ahmedabad held that when interest free funds are available with the assessee, it can be said that investments are made out of interest free funds and hence disallowance under section 36(1)(iii) of the Income Tax Act not justifiable.

Deduction u/s 80IA available as cost of imported power is charged before computing eligible deduction

May 16, 2023 366 Views 0 comment Print

ITAT Chennai held that disallowance of deduction u/s 80IA of the Income Tax Act unsustainable as cost of power imported is charged before computing income eligible for deduction u/s 80IA.

Conditions for seeking exemption for GTA satisfied hence denial of exemption for procedural lapse unjustified

May 16, 2023 426 Views 0 comment Print

CESTAT Delhi held that exemption notification should be interpreted strictly. However, once the primary conditions for seeking exemption for GTA are satisfied, exemption cannot be denied for mere procedural lapse.

Immunity by Settlement Commission to main noticee is also available to co-noticees

May 16, 2023 591 Views 0 comment Print

CESTAT Delhi held that immunity granted by the Settlement Commission to the main noticee is also available to the co-noticees. Accordingly, the impugned order is bad in law.

Reassessment proceedings unsustainable as full and true material facts provided

May 15, 2023 807 Views 0 comment Print

ITAT Mumbai held that re-assessment under section 147 of the Income Tax Act not sustainable as assessee duly provided full and true material facts necessary for the assessment.

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