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section 28

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Understanding Section 43B(h) | Impact on MSME Payments

Income Tax : Understand the impact of Section 43B(h) on businesses: Learn about deductions for MSME payments and the importance of timely payme...

April 2, 2024 11346 Views 3 comments Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 185319 Views 8 comments Print

MSME Payments under Section 43B(h): Deductions on Actual Payment

Income Tax : Explore the implications of the recent Income Tax amendment to Section 43B affecting MSMEs. Understand how timely payments are cru...

January 20, 2024 25809 Views 1 comment Print

Important Points Related To Income Tax Compliance for Charitable & Educational Institutions AY 2023-24

Income Tax : Explore key income tax compliance requirements for charitable and educational institutions under the Income Tax Act for the assess...

October 30, 2023 20976 Views 3 comments Print

Presumptive Taxation Scheme for Business Section 44AD of Income Tax Act

Income Tax : Discover simplified taxation scheme under Section 44AD of Income Tax Act. Learn eligibility criteria, exemptions, and key insights...

September 18, 2023 26139 Views 12 comments Print


Latest Judiciary


Income Tax Addition cannot Be based Solely on unsubstantiated Loose Slips

Income Tax : The ITAT Bangalore ruled that income tax additions can't be based solely on unsubstantiated loose slips, emphasizing the need for ...

June 25, 2024 603 Views 0 comment Print

Section 154 Rectification Time Limit Begins Upon Assessee’s Receipt of Order

Income Tax : ITAT held that time limit for filing rectification applications starts only when assessee is aware of order passed, not from date ...

May 12, 2024 969 Views 1 comment Print

PCIT cannot assume revisional jurisdiction on debatable issue of Tax on Interest u/s 28 of land Acquisition Act

Income Tax : Analysis of Om Prakash Vs PCIT (ITAT Delhi) case reveals PCIT's jurisdiction limitations on tax issues under Land Acquisition Act ...

April 19, 2024 414 Views 0 comment Print

PCIT cannot assume revisional jurisdiction on debatable issue of Tax on Interest under land Acquisition Act

Income Tax : Explore the detailed analysis of Jai Parkash Vs PCIT (ITAT Delhi) case where the assessment jurisdiction dispute regarding interes...

April 19, 2024 264 Views 0 comment Print

UPVAT: Section 54(1)(2) Penalty Not Imposable for Best Judgement Assessment: Allahabad HC

Goods and Services Tax : Allahabad High Court held that penalty under Section 54(1)(2) of the U.P. VAT Act, 2008 cannot be imposed in cases, wherein, the a...

April 12, 2024 942 Views 0 comment Print


Proviso to section 36(1)(iii) not applicable as sufficient internal cash accruals available

June 8, 2023 582 Views 0 comment Print

ITAT Bangalore held that proviso to Section 36(1)(iii) of the Income Tax Act is not applicable in the present case as sufficient internal cash accruals available during the impugned year are more that interest free funds advanced to the sister concern.

Deeming fiction of section 50C doesn’t apply in case of purchaser

June 7, 2023 1311 Views 0 comment Print

ITAT Indore held that the deeming fiction created in section 50C cannot be extended to the provision of section 69 or 69B or any other of the Act in the case of purchaser to make the purchaser liable for tax.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 6645 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Confiscation of gold merely based on retracted statements unjustified

May 27, 2023 1215 Views 0 comment Print

CESTAT Kolkata held that gold bars/ pieces cannot be proved to be smuggled merely relying on the retracted statements without any other corroborative evidence. Accordingly, confiscation unjustified.

Customs: Re-valuation of goods without rejection of transaction value is invalid

May 10, 2023 972 Views 0 comment Print

CESTAT Delhi held that re-valuation of goods without first rejecting the transaction value of the goods is not in accordance with law. Show cause notice without proposal of rejection of transaction value or demanding differential duty is both speculative and presumptive.

Once appeal is adjudicated on merits, refusing to condone delay is an error

May 3, 2023 1716 Views 0 comment Print

ITAT Delhi held that if the appeal is adjudicated on merits, then, refusing to condone the delay in filing of an appeal is an error. Action of refusing to condone the delay, but, to dispose off the appeal on merit is untenable in law.

Deduction towards education Secondary & Secondary Higher Education Cess is not allowable

April 29, 2023 915 Views 0 comment Print

ITAT Kolkata held that education cess and Secondary and higher Secondary Education cess being part of the tax is not allowable as deduction.

Reassessing ‘cameras’ under general description instead of declared specified classification unjustified

April 26, 2023 507 Views 0 comment Print

CESTAT Mumbai held that rejecting exemption benefit and duty demand u/s 28 of Customs Act, 1962 by reassessing ‘cameras’ under general and residual description i.e. ‘others’ under 8525 8090 instead of declared specified classification i.e. 8525 8020 is unjustified.

Benefit of exemption notification no. 102/2007 not deniable alleging imported goods were sawn and sold in DTA

April 25, 2023 423 Views 0 comment Print

CESTAT Ahmedabad held that the benefit of exemption Notification No. 102/2007 cannot be denied merely because the imported goods were of logs whereas the same were sawn and sold in DTA.

Addition unsustainable as SCN issued by DRI lacks jurisdiction

April 25, 2023 1098 Views 0 comment Print

ITAT Jaipur held that officers of DRI are not proper officers for the purposes of Section 28 of Customs Act, 1962 and hence order and show cause notice are not maintainable. Accordingly, addition confirmed thereon is unsustainable.

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