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Disallowance u/s 57(iii) just because interest earned not equal to percentage of interest expenditure incurred unsustainable

October 31, 2023 2241 Views 0 comment Print

ITAT Raipur held that interest income earned is not equal to the percentage of interest expenditure incurred cannot be reason for disqualifying expenditure within the provision of section 57(iii) of the Income Tax Act.

Disallowance u/s 14A cannot be more than exempt income

October 31, 2023 846 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that the disallowance under section 14A of the Income Tax Act cannot exceed the exempt income.

5% Payment Option Not Automatic for Credit Reversal under Rule 6 of Cenvat Credit Rules

October 31, 2023 684 Views 0 comment Print

CESTAT Mumbai held that in either of the three options given in sub-rule (3) of Rule 6, there is no provisions that if the assessee does not opt any of the option at a particular time, then option of payment of 5% will automatically be applied. Accordingly, demand unsustainable.

Addition u/s 68 towards unexplained cash credit unjustified as source of credit entries explained

October 31, 2023 3132 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unjustified as necessary details explaining the source of credit entries duly provided.

Disallowance of foreign travel expenditure justified as business expediency not proved

October 31, 2023 1641 Views 0 comment Print

ITAT Delhi held that disallowance of foreign travel expenditure justified as assessee failed to prove the business expediency of foreign trip and therefore assessee failed to discharge the primary onus.

Imposition of penalty u/s. 129(3) of UPGST untenable in absence of intention to evade tax

October 31, 2023 1701 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 129(3) of the UPGST untenable as no observation has been made with regard to intent to evade payment of tax.

Petition premature as objections can be raised before assessing authority

October 30, 2023 804 Views 0 comment Print

Madras High Court held the writ petition as premature as it is open to the petitioner to raise all the objections before the assessing authority in respect of show cause notice before completion of assessment. Accordingly, writ petition disposed of.

Income derived from twin land transactions treated as business income

October 30, 2023 2658 Views 0 comment Print

ITAT Pune held that income derived from twin land transactions deserves to be treated as ‘business income’ and cannot be treated as ‘capital gains’.

Higher redemption fine and penalty imposable for repeated violation of Minimum Import Price

October 30, 2023 1545 Views 0 comment Print

CESTAT Ahmedabad held that higher redemption fine and penalty imposable as appellant is a repeated offender and is violating the Minimum Import Price (MIP) condition prescribed by DGFT frequently.

Discount towards sale of low-quality sponge iron to sister concern duly allowable

October 30, 2023 681 Views 0 comment Print

ITAT Raipur held that addition on account of discount allowed to sister concern unsustainable as assessee duly placed on record documentary evidence to substantiate the factum of having sold low-quality sponge iron to its sister concern. Accordingly, rejection of discount merely on the basis of doubts and suspicion unjustified.

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