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Section 114AA Penalty Quashed Due to Lack of Evidence Challenging Assessment Orders

October 25, 2024 1014 Views 0 comment Print

Penalty imposed under Section 114AA of the Customs Act was quashed as declared value in bills of entry could not be rejected relying on proforma invoice and demands could not be raised without challenging the assessment orders.

No blocking of ITC in Electronic Credit Ledger if sufficient balance was not available

October 24, 2024 2226 Views 0 comment Print

Where there was Nil or insufficient balance in a particular tax head in the Electronic Credit Ledger, then the balance in another tax head could be blocked only if the cross-utilization from such head was permissible in law.

SC held broken period interest on securities should be allowed as revenue expense

October 24, 2024 1140 Views 0 comment Print

The securities were treated as stock­-in-­trade in the hands of assessee. The amount received by assessee on the sale of the securities was considered for computing its business income.

Issue of Section 80IA(4) Deduction for Sub-Contracted Project Profits Restored to AO

October 23, 2024 1047 Views 0 comment Print

AO without going through the terms and conditions of each of the project that had been undertaken by assessee during the year had come to the conclusion that assessee was a works contractor and not a developer.

No reassessment on basis of invalid notice u/s 148, deleted additions of 6.93 Crores

October 23, 2024 2604 Views 0 comment Print

Reassessment initiated under an invalid notice issued under Section 148 as there was no new material with AO after four years that the assessee had escaped assessment, therefore, additions amounting to ₹6.93 crores was deleted.

No section 68 addition on account of unaccounted cash receipts without corroborative evidences

October 23, 2024 1638 Views 0 comment Print

The evidences relied upon by AO in the form of excel sheets did not constitute adequate evidence to draw adverse inference against tassessee, in the absence of any other corroborative evidences.

Deduction u/s 80P was allowable on interest and dividend income earned from Cooperative Banks

October 23, 2024 1485 Views 0 comment Print

Since cooperative banks were considered cooperative societies for the purpose of Section 80P(2)(d), thereby making assessee’s interest and dividend income eligible for deduction.

No addition u/s 68 of ₹2.30 Crore as assessee had duly discharged burden of proof of share transactions

October 23, 2024 1026 Views 0 comment Print

Assessee was a private limited company registered as a non-banking finance company (NBFC) with the RBI, engaged in providing loans, advances, and dealing in shares and securities.

No liability of TDS u/s 194 I if revenue was shared with Franchise without rendering of actual services

October 22, 2024 1695 Views 0 comment Print

Assessee was engaged in the business of slimming and beauty services. During assessment proceedings, AO observed that assessee was carrying substantial credit balances as current liabilities under the head ‘Advance from customers’.

Cost of fuel borne by service recipient could not be subjected to GST for GTA service

October 22, 2024 2163 Views 0 comment Print

Cost of fuel borne by service recipient and this cost of this fuel could not be subjected to charge of GST by adding the value of free diesel in the transaction value of GTA service done by assessee.

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