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Judiciary

Interest income on income tax refund chargeable @10% as per India-Japan tax treaty

March 4, 2023 2427 Views 0 comment Print

ITAT Delhi held that interest income on income tax refund is chargeable at the rate of 10% as per Article 11 of India – Japan tax treaty.

Adjustments for disallowance of deduction u/s 80P not authorized to be carried out by CPC

March 4, 2023 5187 Views 0 comment Print

ITAT Mumbai held that CPC (Centralised Processing Centre) is not authorized to carry out adjustments for disallowance of deduction under section 80P of the Income Tax Act.

Mere Presence of coconut trees on land not prove carrying out of agricultural operations

March 4, 2023 1464 Views 0 comment Print

ITAT Chennai held that simply because there are coconut trees on the land it doesnot mean that agricultural operations are carried out. Accordingly, deduction claimed under section 54B on sale of the land is disallowed.

Exemption u/s 54F not admissible towards purchase of plot of land

March 4, 2023 6642 Views 0 comment Print

ITAT Jabalpur held that as per the sale deed what was purchased was only a plot of land for construction of residential house. However, in absence of construction of residential house thereon, exemption under section 54F of the Income Tax Act not admissible.

Depreciation on licenses software allowable at the rate of 60%

March 4, 2023 1446 Views 0 comment Print

ITAT Ahmedabad held that depreciation on licenses software is allowable at the rate of 60% and not at the rate of 25% as alleged by the revenue.

Issuance of draft assessment order along with demand notice is bad in law

March 4, 2023 1566 Views 0 comment Print

ITAT Mumbai held that issuance of draft assessment order along with the demand notice is in violation of provisions of section 144C of the Income Tax Act and hence bad in law.

Customs valuation of imported goods for trading activity

March 4, 2023 3585 Views 0 comment Print

The applicant does not undertake any value addition on the goods. It earns a margin of 3% while trading imported goods. The assessable value for payment of customs duties has been determined by the applicant as the sum of price at which the goods are sold by Ingrasys Singapore to the applicant plus freight. It may be noted that such freight is directly met by ADSPL.

Dried Black Currant classifiable under HS code 08062010

March 4, 2023 1242 Views 0 comment Print

In re Wholesome Essentials (CAAR Delhi) CAAR consider that application has been submitted, seeking ruling on the questions that (i) Dried Black Currant (subject goods) is classifiable under HS code 08062010; and (ii) the subject goods are eligible to be covered under Sr. No. 32 of Notification 50/2017-Cus., dated 30.06.2017. I notice that the applicant […]

Demand order passed without considering reply to SCN is not sustainable

March 4, 2023 3903 Views 0 comment Print

HC quashed demand order passed by Revenue Department, on the grounds that reply filed by assessee to SCN was not considered even though the same was received by Revenue Department.

Amendment to section 14A by Finance Act, 2022 applies Prospectively w.e.f AY 2022-23

March 3, 2023 6381 Views 0 comment Print

n this case addition was made u/s.14A r.w. Rule 8D by AO and confirmed by CIT (A) holding that Amendment  in Finance Act, 2022 in relation to disallowance u/s.14A r.w. Rule 8D is applicable retrospectively even if no exempted income was earned by assessee.

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