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Interest on Compulsory Convertible Debentures deductible u/s 36(1)(iii)

August 8, 2023 5568 Views 0 comment Print

ITAT Delhi held that Compulsory Convertible Debentures are in the nature of borrowed fund and continued to be debt till conversion thereof into shares and consequently interest on Compulsory Convertible Debentures is allowable as revenue deduction u/s 36(1)(iii) of the Income Tax Act.

Addition towards unexplained cash credit unsustainable as identity & creditworthiness proved

August 8, 2023 1563 Views 0 comment Print

ITAT Kolkata held that addition under section 68 towards unexplained cash credit unsustainable as assessee has discharged its onus to prove the identity and creditworthiness of the share subscribing company.

Reopening of assessment beyond 4 years unsustainable as full and true material facts disclosed

August 8, 2023 1653 Views 0 comment Print

ITAT Chennai held that reopening of assessment beyond 4 years without any failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment is bad in law and hence liable to be quashed.

Denial of deduction u/s. 54F by merely stating that constructed portion is small is unjustified

August 8, 2023 1479 Views 0 comment Print

ITAT Delhi held that deduction under section 54F of the Income Tax Act cannot be denied merely alleging that proportion to the size of plot/ land the constructed portion is very small. As assessee submitted sufficient and all possible documentary evidence, the deduction u/s 54F is allowable.

Adjustment of deferred shares based on value of ordinary shares upheld

August 8, 2023 1119 Views 0 comment Print

ITAT Delhi held that adjustment relating to deferred shares considering their value to be equivalent to the value of equity shares upheld as deferred shares can be converted into ordinary shares without any encumbrances.

CENVAT Credit without actual receipt of service is ineligible

August 7, 2023 2088 Views 0 comment Print

CESTAT Chennai held that Royal Sundaram General Insurance Company paying Commission to unapproved dealers in the guise of receipt of ‘data processing and policy servicing and related activities’ service. Accordingly, since such service is not received by the company they are ineligible to avail CENVAT Credit of the same.

Bail Application of Manish Sisodia Rejected Under PMLA

August 7, 2023 1089 Views 0 comment Print

Delhi High Court rejected the bail application of Sh. Manish Sisodia as twin conditions as provided under Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) not satisfied.

Allowability of Interior Decoration Work in Rented Office as Revenue Expenditure

August 7, 2023 2094 Views 0 comment Print

ITAT Kolkata held that expenditure incurred towards interior decoration work of a rented office premises is allowable as revenue expenditure. Accordingly, disallowance of such expenditure unjustified.

HC direct Center to consider exempting Primary Agricultural Cooperative Credit Societies from Section 194N purview

August 7, 2023 957 Views 0 comment Print

Madras High Court directed the Ministry of Finance, Government of India and CBDT to consider exempting primary agricultural cooperative credit societies from the purview of the provisions of Section 194N of the Income Tax Act, 1961.

Rejection of special auditor report without specifying reasons inexplicable

August 7, 2023 1377 Views 0 comment Print

ITAT Chennai held that in the present case AO himself referred the matter for special audit u/s 142(2A), however, report of special auditor was later rejected without assigning any reasons for the same is in explicable.

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