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Delayed remittance of Employees PF/ESI can be disallowed vide Section 143(1) adjustment

January 21, 2023 5010 Views 0 comment Print

Subramanya Karthik Vs ITO (ITAT Bangalore) ITAT held that decisions cited by the learned Counsel for the assessee proceed on the assumption that the disallowance of employees’ share of PF and ESI paid beyond the due dates under relevant law has been made only under section 143(1)(a)(iv) of the Act, while in the intimation under […]

Sales or Return agreement not covered as ‘works contract’ and hence TDS not deductible u/s 194C

January 21, 2023 1368 Views 0 comment Print

ITAT Mumbai held that payment made under the Sales or Return agreement are not in nature of ‘works contract’ but ‘purchase of goods’ and hence not liable to deduct tax at source under section 194C of the Income Tax Act.

Disallowance without verifying the submitted details is unsustainable

January 21, 2023 1434 Views 0 comment Print

ITAT Bangalore held that disallowance merely considering the provisions of section 144C(8) of the Income Tax Act without verification of details furnished by the assessee is unsustainable in law.

Expenditure towards scholarship to a student not associated with company not allowable

January 21, 2023 2817 Views 0 comment Print

ITAT Delhi held that the scholarship to a student who was neither an employee nor associated with the company for any commercial or business purpose doesn’t satisfy the provisions of section 36 and section 37 and hence not allowable as deduction.

Addition merely based on confession during search is unsustainable

January 21, 2023 3294 Views 0 comment Print

ITAT Mumbai held that addition merely on the basis of confession during the course of search operation without supporting evidence is unsustainable in law.

Penalty u/s 271E mandatory due to repayment of loan in cash in excess of Rs. 20,000

January 21, 2023 1794 Views 0 comment Print

ITAT Delhi held that penalty u/s 271E of the Income Tax Act leviable on account of repayment of loan in cash in excess of Rs. 20,000 vis-à-vis failure of assessee to prove that such payment is covered by exceptional circumstances covered under section 269T.

Expenditure towards currency swap contract is allowable as deduction u/s 36(1)(iii)

January 21, 2023 1554 Views 0 comment Print

ITAT Delhi held that transactions relating to currency swap contracts cannot be considered to be in the nature of speculative transaction covered u/s. 43(5) of the Act. Accordingly, the same is allowable as deduction u/s. 36(1)(iii) of the Act.

Section 80P(2)(d) deduction eligible to co-op society on Interest income on investment of fund with co-op banks

January 20, 2023 24294 Views 0 comment Print

Interest income earned by a co-op society on its investment held with co­operative bank would be eligible for section 80P(2)(d) deduction

Section 263 order passed without DIN is invalid & deemed to never been issued

January 20, 2023 2049 Views 0 comment Print

Order passed u/s.263 is invalid and shall be deemed to have never been issued if it does not contain the DIN

Income from property held as stock would be income from business

January 20, 2023 6747 Views 0 comment Print

If property is used as stock in trade then such property would become or partake the character of stock and any income from stock would be income from business and not income from property.

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