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Deductions u/s 80IA eligible on FDR Interest, Scrap Sales, EDI Charges & ICD Operations

August 4, 2023 903 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80IA of the Income Tax Act duly available towards FDR interest, scrap sales and EDI charges and on account profit earned from the operation of Inland container Depot (ICD).

Duty Admittance Before Settlement Commission not Justify Denial of Warehouse License Renewal

August 4, 2023 834 Views 0 comment Print

CESTAT Chennai held that non-renewal of Private Bonded Warehouse license alleging settlement of disputes and admission of duty liability before Settlement Commission is unjustified. As post settlement, immunity is granted to the assessee from fine, penalty and prosecution under Customs Act and any other Central Act.

Notice u/s 153C beyond six Assessment Year from date of recording of satisfaction note is without jurisdiction

August 4, 2023 9270 Views 0 comment Print

ITAT Delhi held that issuance of notice u/s 153C of the Income Tax beyond six Assessment Year immediately preceding the Assessment year from the date of recording of satisfaction note/ handling over of relevant material is not in accordance with law.

Penalty u/s 270A leviable for Unexplained Income Misreporting

August 4, 2023 6705 Views 0 comment Print

ITAT Pune held that penalty under section 270A of the Income Tax Act duly leviable in absence of any plausible legal explanation with regard to misreporting of taxable income and increasing deductions.

No Penalty u/s 271B for Delay Due to director-cum-accountant’s Death

August 4, 2023 1152 Views 0 comment Print

ITAT Mumbai held that penalty under section 271B of the Income Tax Act for delay in furnishing of audit report not leviable on account of reasonable cause shown that delay was due to the death of director who was also an accountant of the company.

Professional receipt taxable as Income from Profession & not under Salary

August 4, 2023 4590 Views 0 comment Print

ITAT Chennai held that professional fees received cannot be taxed under the head Salary merely because consultant/ professional is appointed as managing director of the company. Various details filed undoubtedly proves that professional service is rendered and accordingly taxable under ‘income from profession’.

Section 43CA doesn’t apply to agreement to sell entered prior to 1st April 2014

August 3, 2023 2583 Views 0 comment Print

ITAT Kolkata held that as provisions of section 43CA of the Income Tax Act are introduced with effect from 1st April 2014, the said provisions are not applicable to ‘agreement to sell’ entered prior to 1st April 2014.

Denial of deduction u/s. 80HHC merely stating income are not derived from export unjustified

August 3, 2023 1074 Views 0 comment Print

ITAT Delhi held that income classified as ‘business income’ but not considered for the purpose of working of deduction u/s 80HHC merely on the nomenclature that income are not derived from export is unjustifiable as it is not justified that income has no nexus with earning of export.

Resolution plan by RP of Safeco Hygiene found to be feasible and viable hence approved

August 3, 2023 1107 Views 0 comment Print

NCLT Ahmedabad held that resolution plan submitted by Resolution Professional (RP) of the corporate debtor- Safeco Hygiene Films Pvt. Ltd. duly complies with regulations of CIRP Regulations, 2016 as well as IB Code and, the resolution plan is found to be both feasible and viable as held by CoC. Accordingly, the same is approved.

Retrospective cancellation of trust registration u/s. 12AB of Income Tax Act invalid

August 3, 2023 4956 Views 0 comment Print

ITAT Mumbai held that cancellation of registration of trust retrospectively from AY 2016-17 under section 12AB(4) of the Income Tax Act is invalid.

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