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Alternative remedy of approaching appellate authority in terms of section 246(i)(b) should be availed

February 22, 2023 1251 Views 0 comment Print

Sharda Lunkar Vs Union of India (Guwahati High Court) Guwahati High Court held that order passed under section 147 of the Income Tax Act is an appealable order and accordingly the alternative remedy available by approaching the appellate authority should be availed. Facts- Petitioner has filed the writ petition against the notice issued under section […]

Penalty u/s 51(7)(c) of Punjab VAT Act not imposable in absence of attempt to evade tax

February 22, 2023 1446 Views 0 comment Print

Punjab & Haryana High Court held that penalty under section 51(7)(c) of the Punjab VAT Act, 2005 not imposable in absence of attempt to evade tax.

Disallowance of interest u/s 14A r.w rule 8D unsustainable as borrowed funds not utilized for making investment

February 22, 2023 1722 Views 0 comment Print

ITAT Delhi held that disallow of any interest expenditure u/s 14A r.w. Rule 8D of the Act unsustainable as the interest bearing funds borrowed by the assessee have not been utilized for making the investments.

Delay in filing of an appeal cannot be condoned based on unsubstantiated claim

February 22, 2023 2223 Views 0 comment Print

ITAT Raipur held that delay of 1563 days cannot be simply condoned on the basis of the unsubstantiated claim of the assessee. As assessee failed to come forth with any good and sufficient reason that would justify condonation of the substantial delay, appeals dismissed as barred by limitation.

Goods imported in violation of ITC(HS) Import policy and also undervalued are liable to confiscation

February 22, 2023 1920 Views 0 comment Print

CESTAT Delhi held that imported goods are liable to confiscation under section 111 of the Customs Act as restricted goods are imported in violation of the provisions of ITC(HS) Import Policy and the goods were not correctly valued.

Addition of commission income earned on different transaction by providing accommodation entries sustainable

February 22, 2023 3426 Views 0 comment Print

ITAT Mumbai held that addition in respect of commission income earned on different transactions for loans and advances for share application money for purchase and sales, etc. sustainable as it is proved that assessee is into the business of providing accommodation entries.

Interest on late deposit of TDS is not allowable expenditure

February 22, 2023 2919 Views 0 comment Print

ITAT Kolkata held that interest payment on delayed deposit of Income Tax (whether in form of TDS or otherwise) is not an allowable expenditure.

Manual order without containing DIN is invalid & deemed as if never been issued

February 22, 2023 3339 Views 0 comment Print

ITAT Bangalore held that assessment order issued manually without containing Document Identification Number (DIN) as per CBDT Circular No. 19/2019 dated 14.08.2019 is invalid and deemed to have never been issued.

Penalty u/s 271D sustainable for contravention of provisions of section 269SS

February 22, 2023 8328 Views 0 comment Print

ITAT Chennai held that amount of Rs. 14 Lakhs received in cash for sale of immovable property is against the provisions of section 269SS of the Income Tax Act. Accordingly penalty under section 271D imposable.

Addition based on circular made effective on later date not unsustainable in law

February 22, 2023 1374 Views 0 comment Print

Bombay High Court held that Circular No.5-2012 dated 1 August 2012 will not be applicable to the instant case pertaining to AY 2008-09. Law to be applied is the one that is in force in the relevant assessment year unless otherwise provided expressly or by necessary implication. Accordingly addition unsustainable.

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