Sponsored
    Follow Us:

Judiciary

Denial of deduction u/s 80P for non-filing return within due date prescribed u/s 139(1) is unjustified

April 1, 2023 3063 Views 0 comment Print

ITAT Rajkot held that denial of deduction under section 80P of the Income Tax Act on the allegation of non-filing of Return of Income within the due date prescribed under section 139(1) of the Income Tax Act is unjustified.

Fees earned from regulating market dealing with fish, poultry & eggs deductible u/s. 10(26AAB)

April 1, 2023 1173 Views 0 comment Print

Delhi High Court held that the fee earned by the respondent/ assesse (M/s. Fish Poultry and Egg Marketing Committee) from regulating agricultural produce (which includes fish, poultry, and eggs) falls within the scope of Section 10(26AAB) of the Income Tax Act, 1961.

Agreed procedure for appointing arbitrator not followed hence petition u/s 11(6) of Arbitration & Conciliation Act, 1996 dismissed

April 1, 2023 438 Views 0 comment Print

Madhya Pradesh High Court held that as petition under section 11(6) of the Arbitration and Conciliation Act, 1996 not maintainable as there was an agreement on procedure to be followed for appointing an arbitrator.

Approval granted under section 153D on ‘presumption’ basis is invalid

March 31, 2023 3750 Views 0 comment Print

Akshata Realtors Pvt. Ltd. Vs ACIT (ITAT Raipur) ITAT held that the Approval granted by the JCIT, Range Central, Raipur under section 153D on ‘presumption’ basis without thoroughly going through the seized material, assessment records etc. as perfunctory, without application of mind, mechanical in nature hence, invalid, bad in law and liable to be quashed. […]

Interest u/s 36(1)(iii) allowed as deduction even for purchase of Capital Asset

March 31, 2023 10989 Views 0 comment Print

It was held that where an assessee claims deduction of interest paid on capital borrowed, assessee had to show that capital which was borrowed was used for business purpose in relevant year and it did not matter either capital was borrowed in order to acquire a revenue asset or a capital asset.

TDS not deductible on Sale of prepaid sim cards & roaming charge

March 31, 2023 1368 Views 0 comment Print

Sale of prepaid sim cards / recharge vouchers by the assessee to distributors cannot be treated as commission / discount to attract the provisions of section 194H of the Act and hence there cannot be any obligation on the part of the assessee to deduct tax at source thereon and consequentially there cannot be any disallowance u/s 40(a)(ia) of the Act.

Mis-declaration of goods not sustained as goods deposited in bonded warehouse for re-export and shipping bills filed

March 31, 2023 1242 Views 0 comment Print

CESTAT Ahmedabad held that as goods deposited in bonded warehouse for re-export from the said warehouse and shipping bills have also been filed for export, allegation of misdeclaration of goods cannot be sustained.

Benefit of notification 4/2006-CE not available to match splints as power used in its manufacture

March 31, 2023 660 Views 0 comment Print

CESTAT Chennai held that benefit of notification no. 4/2006-CE dated 01.03.2006 not available to machine dipped match splints as power is used in the manufacture of match splints.

Benefit of exemption notification no. 06/2006-CE dated 01.03.2006 available to tubular tower

March 31, 2023 906 Views 0 comment Print

CESTAT Chennai held that tubular tower being parts of wind operated electricity generator is eligible for exemption under notification no. 06/2006-CE dated 01.03.2006.

AAR rejects application filed by non-supplier without requisite fee

March 31, 2023 636 Views 0 comment Print

In re Kalepsh Dineshbhai Patel (GST AAR Gujarat) The aforementioned application having been filed by M/s. Kalpesh Dineshbhai Patel and not by M/s. Khanepe Hungermall LLP who is the actual supplier and also having been filed without requisite fee, stands rejected in terms of section 98(2) of the CGST Act, 2017 read with sections 95(a), (c) […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031