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Section 43B Doesn’t Apply where payment precedes claim of expenditure

March 31, 2024 5700 Views 0 comment Print

Read a detailed analysis of the case of DCIT vs. Flax Apparels Pvt. Ltd. where ITAT Ahmedabad ruled that Section 43B of the Income Tax Act, 1961 doesn’t apply when payment precedes the claim of expenditure.

Demonetization Cash Deposit Scrutinized by AO, No Grounds for Section 263 Revision

March 31, 2024 3213 Views 0 comment Print

Read the full text of the ITAT Chandigarh’s decision in the case of Manuj Jain HUF Vs PCIT. The assessment order was upheld, rejecting the Section 263 revision regarding demonetization cash deposits.

ITAT Allows depreciation on car despite registration in Directors name

March 31, 2024 2979 Views 0 comment Print

Ahmedabad ITAT ruled that vehicles used for business purposes, even if owned by directors, are eligible for depreciation. Case analysis of Mukesh Trends Lifestyle Limited Vs DCIT.

Delhi HC Upholds Penalties under Customs Act for Gold Smuggled with mens-rea

March 31, 2024 1332 Views 0 comment Print

Read the detailed analysis of the Delhi High Court judgment upholding penalties under Sections 112(a) & 112(b) of the Customs Act on Rameshwar Tiwari for smuggling gold.

ITAT upholds Section 271D penalty for Cash Receipt against Property Sale in Violation of Section 269SS

March 31, 2024 11274 Views 0 comment Print

Chennai ITAT ruled that receiving a huge sale consideration in cash violates Sec 269SS, warranting penalty under Sec 271D. Case analysis of Nammalvar Lingusamy Vs ACIT.

Time Limit to Acquire New House for Section 54 Capital Gains Tax Exemption

March 31, 2024 72180 Views 0 comment Print

Delhi ITAT ruled that to claim capital gains benefit under Sec 54, taxpayers must acquire a residential house within three years from the date of old house transfer. Analysis of Mohan Lal Jain case.

Taxpayer Fails to Prove CA’s Advice: ITAT Denies Appeal Delay Condonation

March 31, 2024 1557 Views 0 comment Print

Raveendra M. Madrak Vs ITO (ITAT Bangalore): Taxpayer’s appeal delay condonation plea rejected due to lack of proof on CA’s advice and negligence. Full text here.

Kerala HC Dismisses Delayed Writ: Jeweller’s GST Refund Petition Rejected

March 31, 2024 765 Views 0 comment Print

Coimbatore Jewellers India Pvt Ltd’s Kerala HC writ seeking GST refund and penalty dismissal after delayed filing. Details of the judgment provided here.

Imposing 15% Tax Demand Remittance for Stay is Arbitrary: Kerala HC

March 31, 2024 828 Views 0 comment Print

Diana Gomez challenges Kerala HC’s condition to remit 15% of total tax demand for stay in WP appeal. Court deems the imposition arbitrary and sets it aside.

Unutilized CENVAT Credit to be Included in Closing Stock Value: ITAT Mumbai

March 31, 2024 855 Views 0 comment Print

Gold Plus Toughened Glass Ltd. appeals ITAT Mumbai’s decision confirming addition of unutilized CENVAT credit to closing stock value as per IT Act.

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