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Use of vehicles by directors/employees cannot be treated as personal use by company

May 18, 2023 5391 Views 0 comment Print

Explore the ITAT Pune ruling on the disallowance of car expenses incurred by a private limited company for personal use by directors, citing relevant case law and legal principles.

Section 271B Penalty Sustained even where Books of Accounts Not Maintained at all

May 17, 2023 6921 Views 1 comment Print

Explore the ITAT Ranchi ruling on penalty imposition for non-audit of books, analyzing the distinction between maintenance and audit requirements under Sections 44AA and 44AB of the Income Tax Act.

Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit

May 16, 2023 906 Views 0 comment Print

Sri. Sandeep Patwari Vs DCIT (ITAT Bangalore) Violation of procedural norm does not extinguish substantive right of claiming Foreign Tax credit (FTC) Assessee received 143(1) intimation wherein the foreign tax credit (FTC) of Rs.14,02,442 was not granted. Rectification application filed u/s 154 too did not allow the claim of the assessee. CIT(A) confirmed the 154 […]

Subsequent use of land by purchaser not relevant to decide nature of land when it was sold

May 12, 2023 1758 Views 0 comment Print

mere non-disclosure of agricultural income in the return of income does not change the characteristics of land. Subsequent use of land by the purchaser has no connection to decide the nature of land, whether it is an agricultural land.

TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers

April 26, 2023 4491 Views 0 comment Print

Mehala Machines India limited Vs ITO (TDS) (Madras High Court) TDS Delay- Offence u/s 276/278- Separate notice u/s 2(35) is not necessary before issuance of SCN to consider Directors as principal officers The Company assessee  had deducted TDS but failed to pay  within the prescribed time. As the Petitioners (Company & directors) had delayed the […]

No disallowance of interest expenditure u/s. 40(a)(ia) for non furnishing form 15G / form 15H

April 26, 2023 1170 Views 0 comment Print

Ravindra Dayanand Sankeshwar Vs DCIT (ITAT Bangalore) Assessee, an individual/ proprietor claimed expenses  towards interest  on unsecured loans. 30% disallowance of interest expenditure for non-deduction of TDS was upheld by CIT(A) holding that Act requires the forms to be submitted before the competent authority during the year under consideration and not at the time scrutiny […]

Completed/Unabated Assessments – No Addition if no Incriminating Material Found During Search: SC

April 25, 2023 3417 Views 0 comment Print

Core issue involved in the appeals is the scope of assessment u/s 153A. question posed for consideration is, as to whether in respect of completed assessments/unabated assessments, whether the jurisdiction of AO to make assessment is confined to incriminating material found during the course of search u/s 132 or requisition u/s 132A or not,

Expenditure for any purpose which is an offence or which is prohibited by law is not deductible: SC

April 25, 2023 4812 Views 0 comment Print

As a consequence, any loss incurred by way of an expenditure by an assessee for any purpose which is an offence or which is prohibited by law is not deductible in terms of Explanation 1 to Section 37 of the Act.

SC Grants Bail to CA Sanjay Raghunath Agarwal in Rs. 318 Crores GDR Fraud Case

April 22, 2023 1980 Views 0 comment Print

In a pivotal decision, the Supreme Court has granted bail to a chartered accountant involved in a complex money laundering case, setting significant conditions.

Advance payment for acquisition of property – Indexation from year of payment or year of registration of purchase deed?

April 21, 2023 14211 Views 2 comments Print

The issue  involved in this case is whether the benefit of indexation is available on ‘advance payment’ made for acquisition of property or whether the benefit of indexation is available from the year of registration of purchase deed.

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