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Section 80DD amendment introduced vide Finance Act, 2022 cannot be given retrospective effect

September 7, 2024 1797 Views 0 comment Print

Supreme Court held that amendment to Section 80DD of the Income Tax Act by virtue of the Finance Act, 2022 is effective only from 1st April 2023 and the same cannot be given retrospective effect.

Appeal to High Court lies only when a substantial question of law is involved: Madhya Pradesh HC

September 7, 2024 843 Views 0 comment Print

Madhya Pradesh High Court held that an appeal to the High Court from a decision of the Tribunal lies only when a substantial question of law is involved. Appeal dismissed in absence of substantial question of law.

Liability determined under DTVSV Act cannot be revised by Income Tax authority: Delhi HC

September 7, 2024 1554 Views 0 comment Print

Delhi High Court held that determination as carried out by the Designated Authority under Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] is clearly rendered finality and cannot possibly be reopened or revised by any authority under the Income Tax Act. Accordingly, rectification notice issued u/s. 154 quashed.

Interest from co-operative society and not co-operative bank is eligible for deduction u/s. 80P(2)(d): ITAT Bangalore

September 7, 2024 1194 Views 0 comment Print

ITAT Bangalore held that interest/ dividend from co-operative society is eligible for deduction u/s. 80P(2)(d) of the Income Tax Act. However, if payer bank is co-operative bank then deduction u/s. 80P(2)(d) is not available.

Extended period not invocable as notice didn’t alleged wilful suppression and misstatement

September 6, 2024 876 Views 0 comment Print

Guwahati High Court held that invocation of extended period of limitation unjustified as entire details of availment of CENVAT Credit disclosed in STR-3 return and there is no allegation of wilful suppression and misstatement with intent to evade service tax in notice.

Addition based on observation by DCIT without independent inquiry by AO not sustained

September 6, 2024 1983 Views 0 comment Print

ITAT Delhi held that addition towards undisclosed investment in shares and unsecured loans merely based on observation made by DCIT without independent inquiry by AO is unjustified and hence the addition is liable to be deleted.

Addition relying on third party statement without corroborated evidence untenable: ITAT Delhi

September 6, 2024 1872 Views 0 comment Print

ITAT Delhi held that addition based on reliance placed on third party statement without any corroborated evidence is not sustainable in law. Accordingly, issue restored to AO for de novo adjudication.

Non-reflection of amended shipping bill cannot be reason for denial of MEIS benefit: Delhi HC

September 6, 2024 714 Views 0 comment Print

Delhi High Court held that rejection of Merchandise Exports from India Scheme (MEIS) benefit merely because amended shipping bills were not being reflected on the automates is unjustifiable. Accordingly, MEIS benefit claim allowed.

Expenditure u/s. 57 to be allowed if interest on FD is not allowed u/s. 80P(2)(d): ITAT Bangalore

September 6, 2024 1071 Views 0 comment Print

ITAT Bangalore directed AO that claim in respect of interest on fixed deposits if any is not allowed u/s. 80P(2)(d) of the Income Tax Act has to be considered in accordance with law by allowing the expenditure u/s. 57 of the Income Tax Act.

Sale of lottery tickets doesn’t involve any service hence not leviable to service tax

September 5, 2024 798 Views 0 comment Print

Supreme Court held that the sale of lottery tickets by the State is a privileged activity by itself and not rendering of a service for which the assessees are rendering promotion or marketing service. Hence, service tax not leviable under ‘Business Auxiliary Services’.

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