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Weighted deduction u/s. 35(2AB) allowed as amount from DSIR qualifies as soft loan: ITAT Vishakhapatnam

November 12, 2024 771 Views 0 comment Print

ITAT Vishakhapatnam allowed weighted deduction under section 35(2AB) of the Income Tax Act since amount received from Department of Scientific & Industrial Research [DSIR] is soft loan and hence cannot be considered as grant-in-aid.

Material imported under MOEF permission cannot be diverted to any other unit: CESTAT Allahabad

November 12, 2024 702 Views 0 comment Print

CESTAT Allahabad held that material imported based MOEF permission by a company cannot be diverted to any other unit for any purpose other than one stated in permission letter.

Source of capital investment explained hence addition u/s. 68 not sustained: ITAT Visakhapatnam

November 12, 2024 1200 Views 0 comment Print

ITAT Visakhapatnam held that addition under section 68 r.w.s. 115BBE of the Income Tax Act deleted as the source for capital investment properly explained by the assessee. Accordingly, addition deleted.

Customs duty not sustained on material intended for use in factory being destroyed by fire: CESTAT Chennai

November 12, 2024 906 Views 0 comment Print

CESTAT Chennai held that no customs duty could be demanded on the material intended for use in the factory, however, were destroyed by fire accident. Accordingly, duty demand not sustained.

Non-admission of additional evidence by CIT(A) untenable: Matter remanded

November 12, 2024 1434 Views 0 comment Print

On verification of the bank account copies and the other material available before him, AO noticed that the assessee made cash deposits amounting to Rs. 24,31,000/- by way of Specified Bank Notes [“SBNs”].

Writ for testing constitutional validity of section 29(2) of CGST Act not entertained: Patna HC

November 12, 2024 612 Views 0 comment Print

Patna High Court held that there is no reason to entertain the writ petition on the ground of testing the constitutional validity of section 29(2) of both Central Goods and Services Tax Act, 2017 and Bihar State Goods and Services Tax Act, 2017 since it is a mere after thought.

Date of submission of claim recognised on accrual of cash incentive: Punjab & Haryana HC

November 11, 2024 621 Views 0 comment Print

Punjab and Haryana High Court held that date of submission of claim would be recognized on accrual of cash incentive and not from date of submission or receipt of cash incentive.

GST demand confirmed due to non-response: Madras HC remitted matter back

November 11, 2024 966 Views 0 comment Print

Madras High Court remanded the matter back for reconsideration with condition to remit 5% of disputed tax demand since the tax proposal was confirmed because the tax payer did not appear for the personal hearing or respond to the show cause notice.

Deduction u/s. 80-IA(4) allowed on interest from FDRs created as part of financial arrangement for infrastructure project

November 11, 2024 720 Views 0 comment Print

ITAT Ahmedabad held that interest income earned from the FDRs, which were created as part of the financing arrangement for the infrastructure project, qualifies as business income derived from the eligible business under Section 80-IA(4) of the Act.

Input tax credit eligible under section 16(5) and 16(6) of CGST Act: Gauhati HC

November 11, 2024 2499 Views 0 comment Print

Gauhati High Court held that petitioner is entitled to claim input tax credit subject to conditions prescribed to newly inserted section 16(5) and section 16(6) of the CGST Act, 2017 which are inserted vide Finance (No.2) Act, 2024.

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