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Donation to institutions not listed in Schedule (VII) of Companies Act not deductible as CSR expenditure

November 21, 2022 1119 Views 0 comment Print

Delhi High Court held that donations to institutions other than the one enlisted in Schedule (VII) of the Companies Act, 2013 is not deductible as Corporate Social Responsibility.

Addition of unexplained income unsustainable as source of money and identity of creditors explained

November 21, 2022 765 Views 0 comment Print

ITAT Chennai held that addition of unexplained income unsustainable as source of money including identity of the creditors is duly explained by the assessee and further the amount has been transferred through proper banking channel only.

Matter remanded to re-look non-imposition of penalty u/s 114

November 21, 2022 546 Views 0 comment Print

CESTAT Chennai held that adjudicating authority has ordered confiscation of red sander but refrained from confiscation of container u/s 119 and accordingly penalty u/s 114 on the appellant was not imposed. Matter remanded to re-look into the non-imposition of penalty.

Foreign Tax Credit cannot be denied for delay in furnishing of Form No. 67

November 21, 2022 2367 Views 0 comment Print

ITAT Bangalore held that rule 128(9) of the Income Tax Rules doesnt provide for disallowance of Foreign Tax Credit in case of delay in filing of Form No. 67 and Filing of Form No. 67 is not mandatory, hence Foreign Tax Credit cannot be denied for delay in furnishing of Form No. 67.

Service of construction of school/ hospital building to Charitable Institutions/ trust is exempt from service tax

November 21, 2022 8745 Views 0 comment Print

CESTAT Delhi held that services relating to construction of school building or hospital building to a charitable institutions/ trust registered u/s. 12AA of the Income Tax Act is exempt under service tax vide clause 2(k) of notification no. 25/2012-ST.

Rejection of books of accounts based on insignificant defects is unjustifiable

November 21, 2022 2658 Views 0 comment Print

ITAT Jaipur held that rejection of books of account on the basis of insignificant defects is unjustified as Before invoking provisions of section 145(3) AO has to bring on record material the basis on which he has arrived at the conclusion with regard to correctness/ completeness of the accounts.

Change of opinion by AO cannot be base for initiation of re-assessment proceedings

November 21, 2022 531 Views 0 comment Print

ITAT Pune held that it is an admitted fact that assessee has fully and truly disclosed all the material facts and hence initiation of re-assessment proceedings merely on the change of opinion by AO is impermissible in law.

Content of locker assessible in the hands of first owner of locker

November 21, 2022 1308 Views 0 comment Print

ITAT Delhi held that locker being in joint names and first name was indicative of real ownership and hence the assessment of the contents of the locker should be rightly done in the hands of the first owner of the locker.

Refund of credit eligible u/s 142(6)(a) of CGST Act in case of procedural aberration

November 21, 2022 1293 Views 0 comment Print

CESTAT Mumbai held that eligibility of taking credit of the duties is undisputable and also there was procedural aberration in such case refund of credit by cash eligible u/s 142(6)(a) of the CGST Act.

GST @18% is leviable on alcoholic liquor for human consumption

November 21, 2022 8181 Views 0 comment Print

Andhra Pradesh High Court held that alcoholic liquor for human consumption doesnt constitute food/ food product falling within Chapter 1 to 22 and hence liable to tax @ 18% in terms of notification no. 6/2021- Central Tax (Rate) dated 30.09.2021

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