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If source of income is provided than deeming section 115BBE provision not applicable

August 22, 2022 2499 Views 0 comment Print

Held that deeming provisions of section 115BBE doesn’t apply as source of income clearly explained and established by the assessee

Threshold limit includes both principal debt and interest under IBC

August 22, 2022 12909 Views 0 comment Print

Held that minimum threshold limit of INR 1 Crore for maintainability of application for CIRP proceedings u/s 9 of IBC includes both principal debt as well as interest on delayed payment.

Addition of unexplained investment unsustained based on high status/family tradition & Streedhan

August 22, 2022 813 Views 0 comment Print

Held that factors like high status, family tradition, deduction on account of purity and deduction towards Streedhan should be considered before making addition on account of unexplained investment. Accordingly, addition deleted.

Undue export benefit allegation based on corroborated statements not sustainable

August 22, 2022 810 Views 0 comment Print

Allegation of undue export benefit relying heavily on the statement which was not supported by any corroborative evidence cannot be sustained.

Blending, bottling & packing not taxable under ‘Business Auxiliary Service’

August 21, 2022 2334 Views 0 comment Print

Commissioner of Central Excise & Service Tax Vs Hi-Tech Bottling Private Limited (CESTAT Kolkata) Held that the process of manufacture consisting of blending, bottling, and packaging of Indian-made foreign liquor is covered within the definition of manufacture and hence excluded from the purview of Business Auxiliary Service Facts- The assessee is engaged in carrying out […]

Sales tax & excise duty subsidy is capital receipts & not taxable

August 21, 2022 2202 Views 0 comment Print

ACIT Vs Genus Electrotech Limited (ITAT Delhi) Held that sales tax incentive subsidy and excise duty incentive are in the nature of capital receipts and thus not chargeable to tax as regular income as well as income u/s 115JB for computation of book profit. Facts- In the order u/s 154, AO noted that assessee had […]

Portfolio Management Services income taxable under ‘Capital gains’

August 21, 2022 7620 Views 0 comment Print

Portfolio Management Services earning should be assessed as ‘Capital gains’ and not as ‘Profit and gains of business or profession’.

Section 80IB: Date of application for completion certificate is relevant

August 21, 2022 1767 Views 0 comment Print

ITAT Held that if application is moved well in time for seeking completion certificate from the Municipal Corporation and delay in issuance of completion certificate is not attributable to the assessee. Then, date of application should be considered for claiming deduction u/s 80IB

Extended period not invocable in absence of deliberate suppression of facts

August 21, 2022 1953 Views 0 comment Print

Extended period of limitation cannot be invoked in absence of deliberate suppression of facts with intention to evade payment of duty

Bank Guarantee Encashment before appeal filing period expiry is unjustified

August 21, 2022 1911 Views 0 comment Print

HC Held that authorities cannot encash Bank Guarantee given by Assessee before expiry of statutory period available for filing an appeal.

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