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Delay in filing an appeal not condoned as delay was beyond period of limitation

February 9, 2023 2811 Views 0 comment Print

NCLAT Chennai refused to condone the delay in filing of an appeal as in the presentation of the Appeal there was delay of 2 days, after 45 days, and the same is beyond a period of limitation.

Denial of deduction u/s 80P as return was not filed within due date is unjustified

February 9, 2023 5076 Views 0 comment Print

ITAT Rajkot held that the claim of deduction u/s 80P of the Act cannot be denied only on the basis that the assessee did not file its return of income within due date u/s 139(1) of the Income Tax Act.

Addition based on seized paper without corroborative evidence is untenable

February 9, 2023 2424 Views 0 comment Print

ITAT Mumbai held that addition merely on the basis of seized paper which is neither signed nor dated, without any corroborative evidence, is untenable in law.

Centralized services fees cannot be treated as Fee for Technical Services and hence not taxable

February 9, 2023 1287 Views 0 comment Print

ITAT Delhi held that the centralised services fee received by the assessee cannot be treated as FTS under Article 12 of the India-Singapore tax treaty, hence not taxable in India.

Court abstained from entering finding on merit as appeal is pending before NCLAT

February 8, 2023 1140 Views 0 comment Print

Supreme Court held that as the appeal is pending before NCLAT, this court is desisting from entering a finding on the merits of the rival submissions which have been urged on behalf of the contesting parties.

Disallowance u/s 14A cannot be subject matter of disallowance under 115JB

February 8, 2023 1401 Views 0 comment Print

ITAT Ahmedabad held that the disallowances made under section 14A read with rule 8D cannot be the subject matter of disallowances while determining the net profit u/s 115JB of the Income Tax Act.

Withdrawal application after CoC approval to resolution plan is unsustainable

February 8, 2023 3723 Views 0 comment Print

NCLAT Delhi held that withdrawal application under section 12A of the Insolvency & Bankruptcy Code, 2016 unsustainable once CoC (Committee of Creditors) approves a resolution plan.

All conditions of paragraph 4.2 of Article 24 of DTAA needs to be satisfied simultaneously

February 8, 2023 1089 Views 0 comment Print

ITAT Mumbai held that provisions of Article 24 of DTAA between India and Singapore will be applicable only when condition no. 1, condition no. 2 and condition no. 3 in paragraph 4.2 are satisfied simultaneously. Here as condition no. 1 is not satisfied, DTAA would not be attracted in case of GCC.

Offence of money-laundering is not trivial in nature

February 8, 2023 1368 Views 0 comment Print

CESTAT Mumbai held that offence of money-laundering committed by an individual with a deliberate design with the motive to enhance his gains, disregarding the interests of nation and society as a whole and which by no stretch of imagination can be termed as offence of trivial nature.

Addition based on unsigned/ unstamped/ unregistered Satakhat unsustainable

February 7, 2023 3861 Views 0 comment Print

ITAT Surat held that addition on the basis of un-signed/un-stamped Satakhat, which has not been registered and which is found from CD of computer of person, unsustainable.

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