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ITAT Restricted section 54 exemption as investment in house property was done jointly

March 8, 2023 12162 Views 1 comment Print

ITAT Delhi held that when the investment in house property is done jointly, claim under section 54 of the Income Tax Act is restricted to the 50%.

Refund claim of service tax paid on input services wholly consumed within SEZ is duly allowable

March 8, 2023 1107 Views 0 comment Print

CESTAT Mumbai held that refund claim of service tax paid on input services which are wholly consumed within SEZ cannot be denied.

BIADA directed to recall cancellation order on acceptance of undertaking by petitioner

March 8, 2023 2538 Views 0 comment Print

Patna High Court directed BIADA (Bihar Industrial Area Development Authority) to immediately recall the order of cancellation of allotment of impugned premises as the petitioner accepted the undertaking and accepted to pay the pending dues as per the undertaking.

Recourse to section 263 justifiable on concluding that AO committed an error in law

March 8, 2023 696 Views 0 comment Print

Delhi High Court held that recourse to provisions of section 263 of the Income Tax Act sustained as prima facie view concludes that AO has committed an error in law.

Capital gain not taxable in the hands of person who sold property as attorney

March 8, 2023 2535 Views 0 comment Print

ITAT Delhi held that capital gain cannot be taxed in the hands of the person who sold the property as attorney of the owner. The same is taxable only in the hands of the owner of the property.

Exemption u/s 11 available as there is no profit motive in activity carried out by society

March 8, 2023 882 Views 0 comment Print

Delhi High Court held that in absence of any profit motive in the activity of assessee-society and also profit so generated is ploughed back for charitable activities. Exemption benefit under section 11 duly available.

Surcharge leviable in case of firm if its total income exceeds INR 1 crore

March 8, 2023 816 Views 0 comment Print

ITAT Hyderabad held that mentioning of firm in 2(3)(b) of the Finance Act, 2018 excludes it from 2(3)(a). Accordingly, in case of firm, surcharge is leviable only when its total income exceeds INR 1 crore and not otherwise.

TDS u/s 192 deductible on commission paid to whole time director as it forms part of salary

March 8, 2023 5271 Views 0 comment Print

Indofil Industries Limited Vs CIT (ITAT Mumbai) ITAT Mumbai held that assessee is liable to deduct tax at source in respect of commission expenses payable to the whole time directors under section 192 of the Income Tax Act only, as the same shall form part of their salary payment only. Facts- The assessee company is […]

Adverse view against innocent regular investor due to misuse of some person to rig certain shares is unjustified

March 6, 2023 1461 Views 0 comment Print

ITAT Mumbai held that merely because some person misused the share market to rig certain shares in the share market, adverse view against innocent regular investor is unjustifiable and unsustainable in law.

Bail granted in fraudulent ITC claim matter as co-accused already released on bail

March 6, 2023 1596 Views 0 comment Print

Delhi High Court held granted bail, in fraudulent claim of ITC under GST, as bail already granted to co-accused and petitioner had no prior criminal antecedents.

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