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Deduction u/s 37(1) not allowable on interest paid on late payment of TDS

October 6, 2023 3888 Views 0 comment Print

ITAT Hyderabad held that interest payment on late payment of TDS is not compensatory in nature and is not allowable as deduction u/s 37(1) of the Income Tax Act.

Contribution received from commodity exchange exempt i/s. 10(23EC) of Income Tax Act

October 6, 2023 519 Views 0 comment Print

Held that prior to 1-­4- 2024 there was no bar on assessee claiming exemption under section 10 (23EC) and under section 11 and 12 of the act. Accordingly, contribution received from commodity exchange and members thereof is exempt u/s 10(23EC) of the Income Tax Act.

Benefit of exemption notification 06/2006-CE and 12/2012-CE available as all conditions fulfilled

October 6, 2023 240 Views 0 comment Print

CESTAT Bangalore held that benefit of exemption notification no. 06/2006-CE dated 01.03.2006 and 12/2012-CE available to the motor vehicle manufactured as ownership of chassis was transferred after the sale of the same by VIPL to Appellant.

Demand of 5%/6%/10% on value of exempted clearances unwarranted as proportionate credit reversed

October 6, 2023 468 Views 0 comment Print

CESTAT Chennai held that the demand for paying an amount of 5% /10% /6% on the value of exempted clearances unwarranted when the appellant has reversed the proportionate credit of inputs used in manufacture of exempted products.

Penalty not leviable for lack of due diligence on part of employee of CFS

October 6, 2023 441 Views 0 comment Print

CESTAT Ahmedabad held that penalty imposed under Sub-Regulation 8 of Regulation 12 cannot be inclined for lack of due diligence on the part of the employee of CFS especially when the department did not find anything wrong when compared to employees of other CFS.

Reopening of assessment merely based on change of opinion is unsustainable

October 6, 2023 1308 Views 0 comment Print

Bombay High Court held that re-opening of assessment under section 148 of the Income Tax Act, without indicating basis for having a reason to belief that income has escaped assessment, merely based on change of opinion is unsustainable in law and liable to be quashed.

Order passed based on submissions made before CIT(A) without conducting enquiry unsustainable

October 6, 2023 447 Views 0 comment Print

ITAT Kolkata remanded the matter back to CIT(A) as relief was granted to the assessee on the basis of various submissions which were for the first time furnished before CIT(A) and CIT(A) prior to granting relief didn’t conduct any enquiry on the same.

Section 10(23C)(iiiab) exemption not available to society not substantially financed by government

October 6, 2023 3180 Views 0 comment Print

ITAT Raipur held that assessee-society not being wholly and substantially financed by the government is not entitled for claiming exemption under Section 10(23C)(iiiab) of the Income Tax Act, 1961.

Non-passing of draft assessment order u/s 144C(1) renders final assessment Jurisdictionless

October 5, 2023 4128 Views 0 comment Print

Bombay High Court held that failure to pass a draft assessment order under section 144C(1) of the Income Tax Act results in rendering the final assessment as one without jurisdiction.

DTVSV Benefit Rejection Over pending Non-Tax Arrears Prosecution Unjustified

October 5, 2023 468 Views 0 comment Print

Bombay High Court held that rejection of benefit under Direct Tax Vivad Se Vishwas Act 2020 (DTVSV) unjustified as pendency of prosecution was in respect of any issue and not in respect of tax arrears.

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