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Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

June 9, 2023 4683 Views 0 comment Print

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act.

Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1596 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Penalty u/s 271D leviable on failure to establish reasonable cause for taking cash loans

June 9, 2023 1278 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the Income Tax Act leviable for contravention of provisions of section 269SS on failure to establish any reasonable cause for taking cash loans.

Export duty @5% on FOB payable as beneficiation undertaken to make sand into upgraded Ilmenite

June 9, 2023 1224 Views 0 comment Print

CESTAT Chennai held that the appellant has undertaken beneficiation process to make sand into processed/upgraded Ilmenite. Hence, export duty at rate of 5% FOB payable on such Ilmenite which is upgraded (beneficiated Ilmenite) processed.

CENVAT on inputs used in manufacture of Rerolled products is duly available

June 9, 2023 717 Views 0 comment Print

CESTAT Kolkata held that CENVAT credit on the ‘inputs’ used in the manufacture of their final products, namely, Rerolled products, MS Flat/Bar, MS Angle, MS Channel, MS Round etc which is cleared on payment of central excise duty, is duly available.

Wrong allotment of two PANs cannot set assessee as non-filer for one PAN as return filed via other PAN

June 9, 2023 3321 Views 0 comment Print

ITAT Amritsar held that because of wrong allotment of two PANs, assessee cannot be set as a non-filer or undeclared of tax in the return of one PAN as income duly declared via other PAN. Matter remanded back.

Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification

June 9, 2023 6390 Views 0 comment Print

ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.

Extended period of limitation unsustainable in absence of suppression of fact

June 9, 2023 879 Views 0 comment Print

CESTAT Bangalore held that differential duty demand for extended period of limitation unsustainable in absence of suppression of fact. Accordingly, interest and penalty for extended period set aside.

Claim of wrong supply by supplier merely supported by unauthenticated e-mails is unacceptable

June 9, 2023 1605 Views 0 comment Print

CESTAT Chennai held that claim of wrong supply made by the supplier merely supported by e-mails, the authenticity of which were never proved before the Adjudicating Authority, is unacceptable.

Addition merely based on statement u/s 132(4) without collaborative evidence is unsustainable

June 9, 2023 3564 Views 0 comment Print

ITAT Indore held that addition on the standalone basis of statement of assessee u/s 132(4) of the Income Tax Act cannot be held as sustainable in absence of collaborative evidence found in support of such addition.

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