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CBDT approves Indian Institute of Science Education & Research under Section 35(1)(ii)

January 16, 2023 831 Views 0 comment Print

CBDT approves ‘Indian Institute of Science Education and Research, Tirupati (PAN: AAAAI9820P)’under the category of ‘University, College or Other Institution’ for ‘Scientific Research’ for the purposes of clause (ii) of sub- Section (1) of Section 35 of the Income-tax Act, 1961 read with Rules 5C and 5E of the Income-tax Rules, 1962 vide Notification No. […]

Classification & Exemption of Projectors for Automatic Data Processing Machines

January 16, 2023 363 Views 0 comment Print

Read about the classification and exemption of projectors designed for use with automatic data processing machines. Understand the specific heading for classification, the presence of additional features, and eligibility for exemption under Notification No. 24/2005.

NSE seek comment on XBRL for submission of Announcements pertaining to Corporate Debt Restructuring

January 16, 2023 945 Views 0 comment Print

Listed entities are required to submit periodical compliance filings to Stock Exchange(s) within prescribed timelines as laid down in SEBI Listing Regulations and accordingly it was mandated to report XBRL based filings for financials from year 2015 onwards.

In absence of evidence amount collected should be treated as inclusive of Service Tax

January 16, 2023 2214 Views 0 comment Print

In the instant case no evidence has been produced by the revenue to hold that the amount collected by the appellant is exclusive of service tax or it has been separately collected by the appellant. In view of the above, we do not find any merit in the department’s stand that benefit of Section 67(2) could not be extended.

Section 2(15) amended by Finance Act, 2008 applicable WEF 01.04.2009

January 16, 2023 705 Views 0 comment Print

CIT/PCIT Vs Paradeep Port Trust (Orissa High Court) The very text of the Finance Act, 2008 and in particular Section 3 thereof which inserts the amended Section 2(15) clearly states that “the following clause shall be substituted with effect from the 1st day of April, 2009.” Clearly, therefore, the amendment is prospective. Consequently, the Court […]

Section 12AA: Registration cannot be denied without reasonable opportunity

January 16, 2023 1521 Views 0 comment Print

Action of the Ld. CIT(E) suffered from sufficiency of reasonable opportunity to the appellant to refute the rejection vis-à-vis to comply with the requirements sought, thus for the reason, we without commenting on the merits of the case, deem fit to remand the matter back to the file of Ld. CIT(E) for according reasonable & effective opportunity to refute the rejection vis-à-vis to comply with the requirements sought.

Date of TDS payment would be date of handing over of cheque to banker

January 16, 2023 939 Views 0 comment Print

ITAT held that payment would be deemed to have been made on date the cheque was handed over to banker and date of payment was to be taken as date of presentation of cheques by assessee.

Once TDS Element is Reflected in Form 26AS AO cannot allege that parties are not genuine

January 16, 2023 738 Views 0 comment Print

Once TDS element is reflected in Form No. 26AS, the Assessing  Officer cannot allege that the parties are not genuine. Moreover, full details are available on record.

Additions cannot be made merely on the basis of Form 26AS

January 15, 2023 4629 Views 0 comment Print

Sureshkumar K Kataria Vs DCIT (ITAT Rajkot) ITAT notes that there was mismatch in the gross income reported by the assessee viz a viz the income reflecting in form 26AS for an amount of Rs. 4,13,081.00 only. As such, the assessee has shown less income by the impugned amount, therefore concurrent view was taken by […]

ITAT restore issue of claim of brought forward loss to CIT(A) for passing speaking order

January 15, 2023 804 Views 0 comment Print

Shivdham Industries P. Ltd Vs DCIT (ITAT Guwahati) It has been stated before us by the ld. Counsel for the assessee that in the return of income filed in Form no. ITR­-6 in Schedule CFL, the assessee has furnished ‘details of loss to be carried forward to future years’ totaling to Rs. 82,89,050/- which included […]

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