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Industrial Promotion Scheme Subsidy not to be reduced from cost of fixed assets for depreciation

July 21, 2022 7800 Views 0 comment Print

With the advent of Insolvency and Bankruptcy Code, 2016 (IBC), there has been a transformative turnaround in the corporate insolvency resolution framework in India. However, the IBC does not accommodate and provide for specific arrangements or contains any provision for group insolvency as the legislation itself is still evolving and is designed for a single economic entity.

Container Freight Station (CFS) eligible to claim section 80IA(4) deduction

July 21, 2022 1893 Views 0 comment Print

DCIT Vs Continental Warehousing Corporation (Nhava Sheva) Ltd (ITAT Pune) The only issue is to be decided is as to whether the CIT(A) justified in allowing deduction u/s. 80IA(4) of the Act in respect of Container Freight Station (CFS). At the outset, we note that this issue is covered in favour of the assessee by […]

Additional Evidence cannot be accepted without complying Income Tax Rule 46A

July 21, 2022 1233 Views 0 comment Print

ITO Vs Tilak Proficient Nidhi Limited (ITAT Allahabad) The ld. CIT(A) simply accepted all the contentions /additional evidences filed by the assessee, without complying with Rule 46A of the Income Tax Rules, 1962, as it was incumbent on ld. CIT(A) to have forwarded all these additional evidences/explanations filed by assessee to the AO for its […]

Delay of 1473 days cannot be condoned for Illness of MD of Company

July 21, 2022 1545 Views 0 comment Print

ITAT held that Even if it is assumed MD was ill which incapacitated him for continuously four years , the assessee could have entrusted the task to other Directors/officers of the assessee

No Section 271D penalty for one time cash loan to meet business exigency

July 21, 2022 1365 Views 0 comment Print

Shri Mohanlal Savjibhai Tilva Vs ACIT (ITAT Ahmedabad) The case of the assessee was that the loan in cash was taken from his HUF on account of extreme business exigency and necessity of honouring post dated cheques issued to the third parties. Further at that time, the assessee was not having sufficient balance in the […]

Sale of software products is not royalty income so not taxable in India

July 20, 2022 1791 Views 0 comment Print

Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.

Section 263 revision without recording errors found in order is unsustainable

July 20, 2022 1026 Views 0 comment Print

Held that Commissioner should not simply relegate the point that the assessment order is erroneous to the AO. The Commissioner, after analyzing the record, ought to have recorded a categorical finding and provided valid reasons as to how the assessment order is erroneous. Revision unsustainable

Focus Products Scheme Incentive is not liable to Income tax

July 20, 2022 2817 Views 0 comment Print

Focus Product Scheme (FPS) was first introduced with the objective to incentivize export of such products which have high export intensity/ employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.

FTS not include consideration taxable as Salary in the hands of recipient

July 20, 2022 1524 Views 0 comment Print

FTS does not include consideration `which would become income of the recipient chargeable under the head Salaries’.

Departmental appeal rejected by ITAT as monetary tax amount less than 50 Lakhs

July 19, 2022 2826 Views 0 comment Print

Held that tax effect in the departmental appeal is less than Rs. 50 Lakhs as revised vide circular dated 08/08/2019. Appeal rejected.

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