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Interest Paid on Belated Service Tax Payments is Allowable under section 37(1)

December 19, 2022 1563 Views 0 comment Print

ITAT held that the interest paid on belated payments of service tax is allowable for deduction under Section 37(1) of the Income Tax Act, 1961

Section 80P Deductions otherwise disallowable cannot be disallowed U/s. 143(1)

December 19, 2022 4041 Views 1 comment Print

Jila ALP Sankhyak Bachat Sahakari Sakh Samiti Maryadit Vs DCIT (ITAT Raipur) Deductions otherwise disallowable under the Act but could not be disallowed in 143(1) – Eg 80P deduction AY 18-19 to AY 20-21 Assessee -Credit Co-operative Society, claiming deduction u/s.80P filed its ROI A.Y.2018-19 beyond the due date u/s 139(1). CPC in its Intimation […]

Transaction price to be viewed as arm’s length price as payments made with specific regulatory approval

December 19, 2022 1323 Views 0 comment Print

ITAT Mumbai held that payments under the BBCD arrangements were made with specific regulatory approval prescribed by the RBI hence that approval can also be viewed in support of the transaction price as an arm’s length price.

Mere modus of operandi without supportive material cannot be base for addition

December 19, 2022 1308 Views 0 comment Print

ITAT Ahmedabad held that mere modus of operandi cannot the basis of making the addition or treating the transaction carried out in any share/scrip as bogus until and unless it is supported by the material documents.

Interest subsidy is capital receipt hence not taxable

December 19, 2022 3387 Views 0 comment Print

ITAT Kolkata held that interest subsidy received under the amended Rajasthan Investment Promotion Scheme, 2003 is capital receipt and hence the same is not chargeable to tax.

Deduction u/s 54 was allowable in case capital gains were utilized within time specified but sale deed was not registered

December 17, 2022 5457 Views 0 comment Print

Utilisation of capital gains within time specified would entitle assessee to claim deduction under section 54, notwithstanding fact that new asset was registered beyond period specified under section 54, which according to assessee was beyond her control and was to be liberally construed.

Section 68 not applicable to remittance made by non-resident

December 17, 2022 4890 Views 0 comment Print

ITAT Bangalore held that provisions of section 68 of the Income Tax Act are not applicable to the remittance made in India by non-resident.

‘Security Premium Reserve’ not part of accumulated profits u/s 2(22)(e)

December 17, 2022 5412 Views 0 comment Print

ACIT Vs Bhagwati Coal Movers (P) Ltd. (ITAT Delhi) ITAT Delhi held that the ‘Security Premium Reserve’ cannot be regarded as part of accumulated profits under Section 2(22)(e) of the Income Tax Act. Facts- AO observed that the assessee has obtained loan amounting to Rs.5,52,50,000/- from M/s. Ajmala Stationery Ltd. A part of the loan […]

Jewellery holding up to permissible limits prescribed in CBDT circular is allowable

December 17, 2022 1848 Views 0 comment Print

ITAT Chennai held that addition as unexplained investment for quantity of jewellery within the permissible limits as per CBDT instruction no. 1916 dated 11.05.1994 is unsustainable.

Income from shareholders’ account taxable as life insurance business

December 17, 2022 1374 Views 0 comment Print

ITAT Mumbai held that income from shareholders account is to be taxed as a part of life insurance business as assessee is carrying on only life insurance business.

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