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Judiciary

Deduction u/s. 54 admissible even when return is filed belatedly: ITAT Ahmedabad

August 26, 2024 2574 Views 0 comment Print

ITAT Ahmedabad held that deduction under section 54 of the Income Tax Act towards Long Term Capital Gains admissible even when return is filed belated return of income under section 139(4) of the Income Tax Act.

Boro Plus Ayurvedic Cream is a medicated ointment under Entry 41, Schedule II, UPVAT Act

August 26, 2024 513 Views 0 comment Print

Boroplus Antiseptic Cream was a ‘medicated ointmnet’ and was liable to be taxed at 5% under ‘drugs and medicines’ in Entry 41 Schedule II in absence of specific evidence including expert opinions, industry standards, etc. to justify the reclassification.

Appellate Authority cannot condone delay beyond 4 Months u/s 107 of CGST Act

August 26, 2024 936 Views 0 comment Print

Appellate authority could not condone delay beyond four months under section 107 and this discretion conferred upon the appellate authority was restricted to condoning the delay only for a maximum period of one month.

No Section 36(1)(iii) Disallowance of Interest Based on Incorrect AO Assumption of Interest-Bearing Funds use for CWIP

August 26, 2024 783 Views 0 comment Print

AO was not justified in addition of interest expenses debited in the P&L account, a sum of Rs.2,12,94,836/- was capitalized towards CWIP under Section 36(1)(iii) of and added to the total income of the assessee.

Interest Earned by Cottage society Attributable to Business: Section 80P(2)(a)(ii) deduction Allowed

August 26, 2024 513 Views 0 comment Print

ITAT Chennai held that the assessee is a cottage industry and the entire income is attributable to business of the society and hence eligible to claim Interest earned on deposit also as deduction U/s.80P(2)(a)(ii) of the Income Tax Act.

Appeal dismissed by CIT(A) as time barred unjustified as appeal in physical form filed in time: ITAT Jaipur

August 26, 2024 477 Views 0 comment Print

ITAT Jaipur held that dismissal of appeal by CIT(A) holding it to be barred by limitation unjustified as CIT(A) failed to consider that appeal was filed in physical form and filing of appeal is not delayed.

Hospital claiming advertisement expense is disallowed as violating Indian Medical Council Act

August 26, 2024 1236 Views 0 comment Print

ITAT Visakhapatnam held that advertisement expenditure claimed by the hospital has violated the provisions of Indian Medical Council Act 1956 professional conduct, Etiquette and Ethics Regulations, 2002. Hence, expenditure disallowed.

Section 57 Deduction Allowable for Interest Expense Incurred to Earn Income from Other Sources: ITAT Raipur

August 26, 2024 2007 Views 0 comment Print

ITAT Raipur held that interest expenditure incurred for earning income chargeable under the head “Income from other sources” is allowable as deduction under section 57 of the Income Tax Act.

Section 80IA Benefit not allowed when Income Tax return filed belatedly: ITAT Nagpur

August 26, 2024 492 Views 0 comment Print

ITAT Nagpur held that once the return of income has been filed belatedly, no benefit under section 80IA of the Income Tax Act is allowed. Accordingly, deduction u/s. 80IA disallowed.

PCCIT Approval Without Application of Mind Invalidates Section 148A(d) Order: Delhi HC

August 26, 2024 1434 Views 0 comment Print

Delhi High Court held that failure of PCCIT to satisfactorily record its concurrence and granting of approval for reopening of assessment without application of mind invalidates the order issued u/s. 148A(d) of the Income Tax Act.

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