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Education cess is not allowable deduction

December 30, 2022 1701 Views 0 comment Print

ITAT Pune held that payment of Education Cess (including secondary and higher secondary education), is an additional surcharge levied on income-tax and hence it partakes the character of Income-tax, and accordingly is not allowable deduction.

Bharath Series (BH-Series) registration benefit available to private individuals as well

December 30, 2022 3219 Views 0 comment Print

Karnataka High Court held that the benefits of implementing Bharath Series (BH-Series) registration is available to private individuals also. The State of Karnataka cannot deviate from the notification dated 26.08.2021 issued by Ministry of Road Transport and Highways, Government of India

Bank guarantee demand justifiable based on Special Valuation Branch report

December 30, 2022 1335 Views 0 comment Print

Bombay High Court held that insisting on bank guarantees for differential duty justifiable based on finding of SVB (Special Valuation Branch) that petitioner is undervaluing its import from related party.

Proceedings u/s 153C untenable as material seized during third party search not proved as belonging to assessee

December 30, 2022 2187 Views 0 comment Print

ITAT Ahmedabad held that AO failed to prove that material seized, during the course of search in case of third party, belong to the assessee. Hence, invocation of proceedings u/s. 153C of the Income tax Act is against the provisions of law

Limitation period of six years for passing order u/s 201(3) is effective only from 01.10.2014

December 30, 2022 3012 Views 0 comment Print

ITAT Delhi held that the limitation period is four years for passing assessment order in case of TDS statement not filed. Limitation period substituted to six years effective only from 01/10/2014.

Cancellation of income tax registration u/s 12AA(3) justifiable as Government declared PFI as unlawful association

December 30, 2022 1074 Views 0 comment Print

ITAT Delhi held that Ministry of Home Affairs, vide Notification dated 27.09.2022 clearly demonstrated the Popular Front of India (PFI) and its associates or affiliates or fronts as an unlawful association and hence cancellation of income tax registration u/s 12AA(3) of the Income Tax Act justified.

Addition u/s 68 unsustainable as identity, creditworthiness and genuineness satisfied

December 30, 2022 858 Views 0 comment Print

ITAT Kolkata held that addition of unexplained cash credit u/s 68 of the Income Tax Act unsustainable as identity creditworthiness of the investors and genuineness of the transactions duly proved.

Provisional attachment order passed without valid reasoning is untenable

December 29, 2022 1524 Views 0 comment Print

Karnataka High Court held the provisional attachment order unjustifiable as the same was passed simply stating that there is likely addition of the amount without mentioning of any valid and cogent reasons.

Advertisement expense towards creation of brand image is revenue in nature

December 29, 2022 3543 Views 0 comment Print

ITAT Ahmedabad held that advertisement expenses incurred at the time of installation of additional machinery in the existing line of business resulted in any enduring benefit is revenue expenditure Further advertisement expenses incurred to create brand image is revenue expenditure.

Guarantee commission not taxable in terms of India-Germany DTAA

December 29, 2022 1323 Views 0 comment Print

ITAT Mumbai held that transfer pricing adjustment on account of guarantee commission income is unsustainable in terms of India-Germany DTAA.

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