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No scope of tax evasion merely on account of expiry of e-way bill

December 27, 2022 3966 Views 0 comment Print

Madras High Court held that the expiry of e-way bill doesn’t create any scope of tax evasion Accordingly there can be no revenue loss in absence of tax evasion Only penalty up to INR 5000 can be levied.

Delay interest not leviable as TDS deposited on time but bank failed to remit immediately to department

December 27, 2022 1950 Views 0 comment Print

ITAT Kolkata held that interest u/s 201(1A) of the Income Tax Act for late deposit of TDS amount is not leviable as TDS amount was duly deposited within the due date however, due to technical glitch the bank could not remit the amount immediately to the account of the department.

Deduction of TDS or payment via account payee cheque doesn’t justify non-genuine transaction

December 27, 2022 2589 Views 0 comment Print

ITAT Surat held that mere deduction of TDS or mere payment by account payee cheque doesn’t make non-genuine transaction a genuine one.

Penalty u/s 271(1)(b) not leviable if reasonable cause shown by Assessee

December 27, 2022 9303 Views 0 comment Print

ITAT Rajkot held that as notices were served to e-mail ID of old income tax practitioner of the assessee, assessee was not aware of the issuance of the same and hence didn’t replied Held that penalty u/s 271(1)(b) of the Income Tax Act cannot be imposed when assessee proves that there was reasonable cause for the failure.

Deduction u/s 80IB(10) available as residential unit’s area is less than 1000 sq. ft.

December 27, 2022 1905 Views 0 comment Print

Bombay High Court held that revenue failed to establish that the area of residential units was more than 1000 sq. ft. accordingly deduction under section 80IB(10) of the Income Tax Act duly available.

Intra-bank transactions cannot always be rated at LIBOR

December 27, 2022 447 Views 0 comment Print

ITAT Mumbai held that London Inter-Bank Offered Rate (LIBOR) cannot always be the rate at which intra-bank transactions must take place.

Amount received in the nature of interest is taxable @15% under Article 12 of India-UK DTAA

December 27, 2022 1248 Views 0 comment Print

ITAT Chandigarh held that the amount of monthly assured return received till the time of possession of units is in nature of interest is taxable @15% under Article 12 of India-UK DTAA

Corporate Social Responsibility expenditure is allowable deduction u/s 37

December 27, 2022 3441 Views 0 comment Print

Delhi High Court held that Explanation 2 was inserted in Section 37 via Finance (No.2) Act, 2004 and is effective from 01.04.2015 [from Assessment Year 2015-2016 onwards] Accordingly expenditure incurred towards Corporate Social Responsibility is allowable as deduction u/s 37 of the Income Tax Act.

100% penalty not imposable as duty along with interest & 25% penalty paid within 30 days of order

December 27, 2022 801 Views 0 comment Print

CESTAT Chennai held that penalty of only 25% and not 100% leviable as duty along with interest and 25% penalty is paid within 30 days from the receipt of Order-in-Original.

Construction cost and saleable project area should be considered while recognizing revenue

December 27, 2022 2646 Views 0 comment Print

ITAT Bangalore held that from clause (5) of Guidance Note issued by ICAI that the cost of construction and also saleable project area needs to be taken into account while recognizing revenue under the Percentage Completion Method.

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