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Traffic Rule Violation: Compounding Fee allowable as Business Expense

July 30, 2023 1524 Views 0 comment Print

ITAT Delhi held that payment of compounding fee for violation of provision under the Motor Vehicles Act, 1988 and Rules are allowable as business expenditure under section 37(1) of the Income Tax Act.

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 2235 Views 0 comment Print

ITAT Raipur held that assessee company was entitled for depreciation on WDV on consideration that was paid by it and not on WDV that was lastly shown by CSEB, before its disintegration.

Eligibility of CENVAT Credit for Duty on Molasses in Rectified Spirit Production

July 30, 2023 1410 Views 0 comment Print

CESTAT Chennai held that input credit of duty paid on molasses used in production of rectified spirit being a final product is eligible as CENVAT Credit.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 3450 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

Mere denial of claim of deduction doesn’t attract penalty u/s 271(1)(c)

July 29, 2023 2343 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as denial of claim of deduction u/s 80HH/ 80IA doesn’t tantamount to concealment of income and/or furnishing of inaccurate particulars of income.

Old currency notes receipt for booking of railway tickets allowed during demonetization

July 29, 2023 1092 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization period unwarranted as booking of railway tickets were allowed by way of old currency notes. Here, cash were received from various travelers for booking of railway tickets.

Deposits During Investigation Not Subject to Unjust Enrichment Principles

July 29, 2023 3057 Views 0 comment Print

CESTAT Ahmedabad held that any amount deposited during pendency of adjudication proceeding or investigation is in the nature of pre-deposit and principles of unjust enrichment is not applicable.

Addition u/s 68 confirmed on failure to discharge initial burden

July 29, 2023 1428 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act confirmed as assessee grossly failed to discharge initial burden of explaining and proving credit entries in the books of account.

Passing of final assessment order u/s 144C(13) without draft assessment order is unlawful

July 29, 2023 2682 Views 0 comment Print

ITAT Mumbai held that assessing officer passed final assessment order u/s 144C(13) r.w.s 143(3) without passing a draft assessment order u/s 144C(1), said order being violative of provisions of Sec. 144C(1) deserved to be set aside.

Reopening Unjustified: No Link Between Available Material & Belief of Escaped Income

July 29, 2023 1116 Views 0 comment Print

Delhi High Court held that the reasons disclosed for re-opening do not allude to the material that was available to the AO which persuaded him to form a belief that income had escaped assessment. Hence, prerequisite before entering the realm of reassessment/assessment proceedings not met. Accordingly, addition not sustainable.

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