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Service tax amount not routed via P&L doesn’t attract provisions of section 43B

December 26, 2022 3453 Views 0 comment Print

ITAT Delhi held that as service tax amount is not routed through P&L account, the provisions of section 43B of the Income Tax Act are not applicable to the service tax liability.

Rejection of deduction claimed u/s 80JJAA on mere technical defect is unsustainable

December 26, 2022 3783 Views 0 comment Print

ITAT Kolkata held that rejection of deduction claimed under section 80JJAA of the Income Tax Act on the basis of minor technical defect is unsustainable. Moreover, audit report has given complete clarity of the deduction.

Rejection of claim of input tax credit on cryptic finding is untenable

December 26, 2022 1752 Views 0 comment Print

Allahabad High Court held that rejection of claim of input tax credit on cryptic findings cannot be sustained. Accordingly, matter remanded to first Appellate Authority to record specific finding.

Withdrawal request in writ of declaration allowed

December 26, 2022 1794 Views 0 comment Print

Madras High Court has allowed withdrawal request of the petitioner in the Writ of Declaration filed in order to declare the demand order issued against the petitioner quashed in view of the resolution plan

Ex-parte order passed violating principles of natural justice is bad in law

December 26, 2022 1926 Views 0 comment Print

Patna High Court held that ex parte order passed without assigning any reasons sufficient even decipherable from the record is liable to be set aside as passed in violation of the principles of natural justice.

Challenge to sanctioned scheme of amalgamation in collateral proceeding is unsustainable

December 26, 2022 915 Views 0 comment Print

ITAT Mumbai held that approved sanctioned scheme of amalgamation is binding on the authorities and the same cannot be permitted to be challenged in a collateral proceeding.

Wrong claim of assessee should be assisted by authorities in assessment proceeding

December 26, 2022 951 Views 0 comment Print

ITAT Pune held that that the authorities under the Act are required to assist the assessee in the assessment proceedings by giving effect on the correct position of law even if the assessee makes wrong claim. Hence assessee is entitled to claim the same as exempted u/s. 10(37) of the Act instead of deduction u/s 54B of the Income Tax Act.

Deduction u/s 54 is eligible in respect of more than one property

December 26, 2022 1317 Views 0 comment Print

ITAT Chennai held that as per the ratio of decision of jurisdictional High Court in CIT V/s Gumanmal it is held that deduction u/s 54 of the Income Tax Act is available in respect of more than one property

Mere reflection of unexplained cash in books of accounts not valid ground to delete addition

December 26, 2022 1008 Views 0 comment Print

ITAT Delhi held that mere reflection of unexplained cash in the books of accounts without any supportive documents is not valid ground for deletion of the addition by CIT(A). Accordingly addition towards unexplained cash sustainable

Order recalled as crucial facts not produced before earlier authorities

December 26, 2022 459 Views 0 comment Print

ITAT Allahabad held that facts brought to the notice of this Tribunal are relevant and very crucial for deciding the issue under consideration. Since the facts were not produced before earlier authorities impugned order is recalled

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