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Condonation of delay not granted alleging that non-filing of appeal was advised by CA

January 2, 2023 2388 Views 0 comment Print

ITAT Chennai held that there is no material on record that assessee has sought for advice of CA. Affidavit filed by the C.A. stating that assessee was advised not to file an appeal is nothing but an afterthought Accordingly condonation of delay not granted.

Forfeited commission expense allowable as TDS paid on the same

January 2, 2023 1134 Views 0 comment Print

ITAT Delhi held that forfeited for loss of commission or short sales cannot be disallowed as TDS deduction against the same is paid by the appellant in the respective financial year.

Gain on Sale of Land received in lieu of Business Loan is Business Income

January 2, 2023 726 Views 0 comment Print

The assignment of debt in favor of another entity partly in exchange of land was integral part of the business activities of the assessee and any gain / loss arising on such an asset should be viewed as business profits only.

ITAT upheld partial relief allowed by CIT(A) in respect of unexplained jewellery

January 2, 2023 720 Views 0 comment Print

Lakshmanan Indirani Vs ACIT (ITAT Chennai) The assessee was subjected to search action u/s 132 on 08-9-2015. During search operations, the jewellery belonging to the assessee and her family members was found. The jewellery weighed 3574.590 Grams which was valued at Rs.85.78 Lacs. In statement u/s 132(4), the assessee submitted that the jewellery belonged to […]

No section 69 addition for duly explained & genuine cash deposit in bank

January 2, 2023 1479 Views 0 comment Print

Dashrathbhai Shivabhai Chaudhary Vs ITO (ITAT Ahmedabad) The assessee is engaged in farming and trading of milk and seeds. As per the information made available, the assessee made cash deposit of Rs. 21,95,000/- with Saving Bank Account. Being agricultural and the agricultural income is exempt the assessee did not file any return of income under […]

Employee’s contribution to PF not deposited before due date as per EPF Act is not allowable

January 2, 2023 888 Views 0 comment Print

In this case employee’s contribution to PF was not deposited before due date mentioned in Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, impugned amount has been rightly disallowed by AO.

Interest on income tax refund taxable under Article 11(2) of India- Malaysia DTAA

January 2, 2023 1401 Views 0 comment Print

Assessing Officer is directed to tax interest on income tax refund under Article 11(2) of India- Malaysia DTAA and not as Business Income

Reopening based on show cause issued by Excise Department not justified

January 2, 2023 723 Views 0 comment Print

DCIT Vs Crystal Glaze (ITAT Ahmedabad) ITAT considered judgment passed by the Co-ordinate Bench in case of Zirconia Cera Tech Glazes vs. DCIT wherein addition was made only on basis of show cause notice issued by Excise Department against assessee alleging that assessee was engaged in undervaluation of sales and clandestine removal of goods and […]

Matter which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings

January 2, 2023 837 Views 0 comment Print

ITAT held that matter relating to wages/labour expenses which was not subject matter of limited scrutiny cannot be raised in revisionary proceedings u/s 263 for the first time.

Section 74(A) of CGST Act mandates minimum statutory period of 30 days: HC

January 2, 2023 1296 Views 0 comment Print

Motiprabha Infrated Pvt. Ltd. Vs Union of India (ITAT Patna) Undisputedly, minimum statutory period of 30 days mandated under the provisions of Section 74(A) of CGST/BGST Act, 2017 was not afforded to the petitioner for making payment due and prior to the expiry of 30 days, the assessing officer proceeded to pass the order, ex […]

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