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Income from listed shares & securities treated as stock-in-trade taxable as business income

September 22, 2023 1854 Views 0 comment Print

ITAT Chennai held that income from listed shares and securities which had been treated as stock in trade by assessee is taxable under the head income from business and profession and not under the head capital gain.

Additional claim not allowable u/s. 43B(a) as assessee not legally obliged to pay customs duty

September 22, 2023 903 Views 0 comment Print

ITAT Ahmedabad held that as assessee was not legally obliged to pay customs duty amount, additional claim towards payment of such customs duty cannot be allowed under provisions of section 43B(a) of the Income Tax Act.

TDS not deductible on payment towards External Development Charges to HUDA

September 22, 2023 3177 Views 0 comment Print

ITAT Delhi held that the assessee has not committed any violation of provision of Chapter XVII B of the Act by making payment towards External Development Charges (EDC) to Directorate of Town and Country Planning, Haryana (Haryana Government) (DGTCP) through banking channel favoring Haryana Urban Development Authority (HUDA).

Books of accounts having number of defects & discrepancies duly rejected u/s. 145(3)

September 22, 2023 726 Views 0 comment Print

ITAT Delhi held that rejection of books of accounts u/s. 145(3) of the Income Tax Act justifiable as there was number of defects and discrepancies in the same.

Subsequent service of order copy is considered as date of communication of order

September 22, 2023 2778 Views 0 comment Print

CESTAT Ahmedabad held that the subsequent service of the order copy to the appellant is the date of communication of the order-in-original to the appellant.

Revisionary jurisdiction u/s. 263 not invocable as AO took plausible view

September 22, 2023 681 Views 0 comment Print

ITAT Kolkata held that PCIT cannot exercise the revisionary jurisdiction to set aside the assessment where the AO has conducted enquiries and taken a plausible view accepting the contentions of the assessee.

Revenue’s appeal dismissed as NCLT admitted application filed u/s 14 of IBC

September 22, 2023 582 Views 0 comment Print

ITAT Delhi held that as National Company Law Tribunal (NCLT) has admitted application filed by the assessee u/s. 14 of the Insolvency and Bankruptcy Code, 2016, the present appeal filed by the revenue deserves to be dismissed.

Disallowance of expenditure u/s 14A unjustified without any dividend income from equity investment

September 22, 2023 549 Views 0 comment Print

ITAT Mumbai held that since the assessee has not earned any dividend income from its equity investment during the year disallowance of expenditure under section 14A of the Income Tax Act read with Rule 8D of the Income Tax Rules is not sustainable.

Release of seized gold refused as general corroboration sufficient to seize smuggled gold

September 21, 2023 993 Views 0 comment Print

CESTAT Kolkata held that seized gold biscuits cannot be released as transportation of smuggled gold not justified based on fabricated transit challan and held mere general corroboration is sufficient.

Purchase of own shares comes within the ambit of dividend u/s 2(22) of Income Tax Act

September 21, 2023 3618 Views 0 comment Print

ITAT Chennai held that transaction of purchase of own shares by the appellant company is distribution of accumulated profits within the meaning of section 2(22) of the Income Tax Act, 1961. Accordingly, it is treated as dividend u/s. 2(22)(a)/2(22)(d) read with section 115-O of the Act.

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