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ITAT restore matter to AO as matter was not properly argued before AO for bonafide reasons

April 26, 2023 927 Views 0 comment Print

Kishoresinh Hemantsinh Chudasama Pipali Vs DCIT (ITAT Ahmedabad) Undisputedly, before the ld. CIT(A), none-appeared on behalf of the assessee and the appeal was decided ex parte. I have also gone through the Form no. 35 filed before the ld. CIT(A) and find that the assessee has rightly mentioned that email-id mentioned therein was that of […]

TDS on Salary needs to be deducted only at the time of making such payment

April 26, 2023 5364 Views 0 comment Print

No TDS deduction at source on Salary is contemplated under Section 192 in cases where a payment towards salary has accrued but is not made.

No service tax on training of officers outside India by a foreign agency

April 26, 2023 1251 Views 0 comment Print

Training of officers by a foreign agency was performed outside of India. Therefore, there cannot be any liability of Service Tax.

Addition for cash deposit in bank based on reopening without application of mind deleted

April 26, 2023 2058 Views 0 comment Print

Basic fact that assessee is not eligible for filing return of income was not taken into account and therefore, there was no application of mind while recording reasons for reopening.

In absence of enabling powers, no disallowance can be made by CPC

April 26, 2023 1230 Views 0 comment Print

It goes without saying that in the absence of enabling powers, no disallowance can be made. As such, enabling provisions being absent, the CPC did not have the jurisdiction to make the disallowance in question, in the order u/s 143 (1) of the Act.

Cost of Corrugated Boxes supplied Free of Cost Includible in Transaction Value

April 26, 2023 747 Views 0 comment Print

Cost of free supplied corrugated boxes need to be included into assessable value of metal containers for payment of Central Excise duty.

Accumulated Profits for deemed dividend is to be arrived after allowing Depreciation as per Income Tax Act

April 26, 2023 1629 Views 0 comment Print

If depreciation as per Income Tax Act is taken into account then the accumulated profits of the assessee would be working out to be in negative meaning thereby that there are no accumulated profits for Section 2(22)(e)

ITAT allows Appeal filed manually but not electronically due to Technical issues

April 26, 2023 1119 Views 0 comment Print

Mahesh Agarwal Vs ACIT (ITAT Jaipur) The crux of the issue is that the assessee has filed the appeal manually but simultaneously not filed the appeal electronically. Hence, ld. CIT(A) treated the manual appeal filed by the assessee as non est and dismissed the same. Assessee had already filed the appeal in paper form, however […]

Interest on delayed payment of TDS not penal in nature & allowable expense

April 26, 2023 2265 Views 0 comment Print

ITAT held that the interest paid on delayed payment of TDS by the assessee u/s 201(1A) r.w.s. 206C(7) of the Act cannot be held as penal in nature and, thus, incurred out of commercial expediency and, therefore, is allowable u/s 37 of the Act.

IRDAI Information and Cyber Security Guidelines, 2023

April 25, 2023 13425 Views 2 comments Print

Revised Guidelines are hereby issued in order to enable the insurance industry to strengthen their defenses as well as related governance mechanism to deal with such emerging cyber threats.

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