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Disallowance u/s 40(a)(i) unsustainable as consideration not regarded as income deemed to accrue or arise in India

October 18, 2022 993 Views 0 comment Print

ITAT Bangalore held that disallowance u/s 40(a)(i) unsustainable as assessee is not liable to deduct TDS for reason that consideration received couldnt have been regarded as income deemed to accrue or arise in India.

Denial of exemption u/s 54F for mere technical default is unjustified

October 18, 2022 606 Views 0 comment Print

ITAT Ahmedabad held that denial of exemption u/s 54F of the Income Tax Act for a mere technical default, beyond the control of assessee, in not getting the new property registered within the stipulated time period of two years is unjustified.

Late fee u/s 234E for delay in filing TDS return applicable only from 01.06.2015

October 18, 2022 786 Views 0 comment Print

ITAT Bangalore held that any ambiguity in a taxing statute should ensure the benefit of the subject/ assessee. Accordingly, the taxing provision of late fee in respect of late filing of TDS return came into force from 01.06.2015. Hence, late fees u/s 234E cannot be levied before 01.06.2015.

TNVAT: HC directs AO to pass speaking order & determine rate of Aviation Turbine Fuel

October 18, 2022 453 Views 0 comment Print

Madras High Court directed Assessing Officer to pass a speaking order, after hearing the petitioner in full, with regard to determination of appropriate rate of tax on Aviation Turbine Fuel (ATF).

Turnover from works contract should be assessed as per rule 8(5) of TNVAT Rules, 2007

October 18, 2022 912 Views 0 comment Print

Madras High Court held that the proper method for assessing the turnover from works contract is as per Rule 8(5). Accordingly, it was directed to redone de novo applying the methodology set out under rule 8(5) of the Tamil Nadu Value Added Tax Rules, 2007.

Penalty u/s. 271AAB cannot be levied based on disclosure of other person

October 18, 2022 1926 Views 0 comment Print

ITAT Kolkata held that penalty u/s 271AAB of the Income Tax Act cannot be levied on the assessee based on the disclosure made by other person during the course of search proceedings.

Section 195 doesn’t apply once nature of payment determined as salary and TDS deducted u/s 192

October 18, 2022 1545 Views 0 comment Print

Delhi High Court held that section 195 of the Act has no application once the nature of payment is determined as salary and deduction has been made under Section 192 of the Act.

Ignorance of additional evidence and submission is patently and legally wrong

October 18, 2022 870 Views 0 comment Print

ITAT Chandigarh held that Ld. NFAC ignoring the submissions and the documents being sought to be filed as additional evidences and dismissal of assessees appeal without even commenting on the submissions or the documents is patently and legally wrong.

CENVAT of service tax paid on premium for medical insurance of employees is eligible

October 17, 2022 1830 Views 0 comment Print

CESTAT Hyderabad held that CENVAT Credit of service tax paid on premium for medical insurance of employees and their families is eligible.

Premium on forward exchange contract deductible as revenue expenditure

October 17, 2022 1782 Views 0 comment Print

ITAT Ahmedabad held that as per Accounting Standard 11 premium on forward exchange contracts is to be amortized as expense means writing it off as revenue expenditure in the profit and loss account.

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