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Section 54F deduction eligible against new residential house acquired outside India

July 18, 2022 2472 Views 0 comment Print

Held that deduction u/s 54F is available against new residential house acquired outside India as provisions of section 54F doesn’t use the word ‘in India’.

Deduction u/s 80-IC not available on interest earned on fixed deposit

July 18, 2022 6666 Views 0 comment Print

Held that interest earned out of the fixed deposit made from the surplus funds being not connected to the manufacturing activity and do not form an integral part of the profits derived from industrial unit is not eligible for deduction

Order not erroneous when AO took one possible view

July 18, 2022 1425 Views 0 comment Print

Held that in case there are two possible views and the AO has taken one of the possible views, no action to exercise powers of revision can arise.

Cenvat credit on rejected goods available as inputs

July 18, 2022 1215 Views 0 comment Print

Held that Rule 16 allows the assessee to avail the cenvat credit of duty paid on the goods cleared by them, as if such goods are received as inputs

Section 68 Addition by ignoring all evidences filed by assessee is unsustainable

July 18, 2022 3324 Views 0 comment Print

Held that addition, only on the basis of information received from investigation wing ignoring all the evidences filed by the assessee, is unsustainable in law

Deduction u/s 80IB(10) allowed on the basis of substantial compliance

July 18, 2022 2610 Views 0 comment Print

Held that as the assessee had complied sufficiently the requirement of law as stipulated in section 80IB(10) of the Act and as per the said provision it was bound to complete the building project before 31.03.2012. Deduction u/s 80IB(10) allowed.

Section 234E Late fee is automatic and not discretionary

July 17, 2022 7926 Views 1 comment Print

Held that when there is a delay, a late fee u/s 234E and 200A of the Act is automatic and there is no discretion not to levy late fees with the TDS Officer.

MVAT: Govt can impose mandatory pre-deposit condition for Appeal filing

July 17, 2022 3306 Views 0 comment Print

Held that the State of Maharashtra has legislative competence to enact amendment to incorporate a condition/modifying the earlier condition for entertaining an appeal for a mandatory pre-deposit for filing appeals against the assessment orders pertaining to all the goods after 16th September 2016

Body corporate covered under ‘consulting engineer’ & liable to service tax

July 17, 2022 1584 Views 0 comment Print

Held that body corporate is not excluded from payment of service tax and covered within the definition of consulting engineer.

Motor Vehicles Act : 6 Month Limitation period for filing claim applicable from 01.04.2022

July 17, 2022 122631 Views 0 comment Print

Held that the limitation period of six months is applicable from 1st April 2022. Accident in this case had occurred on 23.05.2019. Accordingly, limitation period of six months u/s 166(3) of Motor Vehicles Act doesn’t apply.

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