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Amendment in section 155(19) to be considered while dealing with excess sugar cane price above FRP

May 31, 2023 2079 Views 0 comment Print

ITAT Pune held that excess sugar cane prices over and above the Fair and Remunerative Price (FRP) fixed by the Government is to be determined as per latest statutory amendment in Section 155(19) of the Income Tax Act.

Non-satisfaction of twin conditions for invoking jurisdiction u/s 263 renders proceedings unsustainable

May 31, 2023 1155 Views 0 comment Print

ITAT Delhi held that for invoking revisional jurisdiction u/s 263 it is necessary to satisfy twin conditions i.e. one being that order should be erroneous and second, such order should be prejudicial to the interests of the Revenue. Non-satisfaction of the conditions renders the proceedings unsustainable.

Depreciation on goodwill allowable once existence of goodwill is established

May 31, 2023 2103 Views 0 comment Print

ITAT Hyderabad held that the net balance of purchase consideration paid, and the value of net assets acquired is Goodwill and once the existence of Goodwill is established, Depreciation on such goodwill cannot be questioned further.

Assessment Order Without Mandatory Din Is Null and Void as It Is in Violation of CBDT Circular

May 31, 2023 3720 Views 0 comment Print

Read about Pratap Singh Yadav’s appeal against an assessment order, citing violation of CBDT Circular No.19/2019 requiring DIN. Learn how the tribunal ruled the order as invalid.

Reassessment proceedings u/s 147 unsustainable on account of change of opinion

May 31, 2023 816 Views 0 comment Print

ITAT Delhi held that reassessment proceedings initiated u/s 147 of the Income Tax Act unsustainable as sufficient enquiry was made by AO on the impugned transaction and hence it tantamount to change of opinion on part of AO.

Penalty u/s 271(1)(b) not imposable as reasonable cause shown

May 31, 2023 2511 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(b) of the Income Tax Act not imposable as reasonable cause shown for non-furnishing of consent form sought by AO.

Default in Furnishing TDS Statement: Section 200A applicable from June 2015

May 31, 2023 11352 Views 0 comment Print

ITAT Pune rules that fee for default in TDS statement under Section 234E of the Income Tax Act applies only after June 1, 2015.

Rectification application dismissed in absence of substantial or collateral proceedings pending before AO

May 30, 2023 2379 Views 0 comment Print

ITAT Hyderabad held that in absence of any substantial proceeding or collateral proceedings pending before AO, AO was right in not entertaining the application for rectification filed by the assessee.

Interest on NPAs not taxable on accrual basis

May 30, 2023 3504 Views 0 comment Print

ITAT Pune held that it is settled legal position that interest on (Non-Performing Assets) NPAs cannot be taxed on accrual basis.

New firm acquiring new plant & machinery is eligible to claim deduction u/s 80IC

May 30, 2023 894 Views 0 comment Print

ITAT Delhi held that conditions for the eligibility of claim u/s 80IC in the case of a new industrial undertaking stands satisfied as new firm acquired new plant & machinery which was not previously used.

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