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Section 54B of Income Tax Act being an exemption provision needs to be interpreted strictly

March 10, 2023 1698 Views 0 comment Print

ITAT Pune held that provisions of section 54B of the Income Tax Act being an exemption provision needs to be interpreted strictly. Accordingly, as land revenue record clinches that agricultural activity is not carried out on the impugned land, deduction u/s 54B not available.

Exemption u/s 11 duly denied for non-submission/ late submission of Form No. 10B

March 10, 2023 1515 Views 0 comment Print

ITAT Pune held that claim for exemption of income under section 11 of the Income Tax Act deniable as Form No. 10B was not submitted along with the return of income nor it was submitted before processing of return of income.

TDS credit available as per reporting of income & not as per reporting by deductor

March 10, 2023 1824 Views 1 comment Print

ITAT Pune held that credit for TDS is available in the year in which income is reported, credit of TDS cannot be deferred on the basis of reporting by the deductor.

Disallowance of electricity duty payable u/s 43B of Income Tax Act is unwarranted

March 10, 2023 1095 Views 0 comment Print

ITAT Delhi held that disallowance of Electricity Duty payable by the assessee by invoking provisions of section 43B of the Income Tax Act, 1961 is unwarranted and unjustified.

Provisions 45 of Income Tax Act applies to compensation received from allotment of proposed building

March 10, 2023 2676 Views 0 comment Print

ITAT Ahmedabad held that compensation received from proposed building by way of allotment is extinguishment of right in relation to capital asset and hence provisions of section 45 of the Income Tax Act gets applicable.

Condonation not granted on unreasonable explanation of non-availability of tax consultant

March 10, 2023 2658 Views 0 comment Print

ITAT Kolkata held that condonation of delay with explanation like non-availability of tax consultant or illness of Grandson without medical document is not reasonable cause of granting delay. Accordingly, appeals dismissed as time-barred.

Deposit of employee’s contribution to PF after due date not allowable as deduction u/s 36(1)(va)

March 9, 2023 8061 Views 0 comment Print

ITAT Mumbai held that deposit of employee’s contribution to provident fund after the due date prescribed under the relevant statue is not allowable as deduction under section 36(1)(va) of the Income Tax Act.

Short accommodation for submissions granted in case of revocation of cancellation of GST registration

March 9, 2023 897 Views 0 comment Print

Madras High Court granted short accommodation to make further submissions in the case of revocation of cancellation of GST registration.

Benefit of conclusion of proceedings u/s. 73(1A) not available due to non-payment of 25% reduced penalty

March 9, 2023 1743 Views 0 comment Print

CESTAT Chennai held that benefit of CBEC Circular F. No. 137/167/2006-CX dated 3.10.2007 vis-à-vis provisions of section 73(1A) of the Finance Act, 1994, relating to conclusion of entire proceedings on payment of service tax along with interest not available, as assessee failed to pay reduced penalty as required.

Refund claim for unutilized balance in PLA not hit by limitation of section 11B of Excise Act

March 9, 2023 2226 Views 0 comment Print

CESTAT Ahmedabad held that deposit in PLA is not a payment of duty. Accordingly, refund claim for unutilized balance in PLA is not hit by limitation of Section 11B of the Central Excise Act, 1944.

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