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Judiciary

Disallowance of interest u/s 36(1)(iii) restricted to borrowed amount not used for business

October 20, 2023 633 Views 0 comment Print

ITAT Delhi held that disallowance of interest u/s. 36(1)(iii) of the Income Tax Act to be restricted to the borrowed amount which is not used for business purpose.

Books of accounts not produced before AO and CIT(A) hence matter restored back

October 20, 2023 822 Views 0 comment Print

ITAT Delhi held that the assessee failed to produce books of account before AO as well as before CIT(A). Books were produced before Tribunal. Accordingly, matter restored back to AO with direction to consider the documents produced and adjudicate the issue accordingly.

Actual status of payment by each co-owner needs to be verified in terms of applicability of section 194IA

October 20, 2023 309 Views 0 comment Print

ITAT Raipur resorted the matter back to AO to verify the actual status of payment of consideration by each co-owner vis-à-vis applicability of provisions of section 194IA of the Income Tax Act.

Arm’s Length Price of Employee Stock Option Plan cannot be taken as NIL

October 20, 2023 702 Views 0 comment Print

ITAT Mumbai held that Arm’s Length Price (ALP) of Employee Stock Option Plan (ESOP) cannot be taken as NIL. Accordingly, matter set aside with direction to re-compute ALP and transfer pricing adjustment.

Penalty u/s 271D sustained for cash receipts in contravention of provisions of section 269SS

October 20, 2023 1473 Views 0 comment Print

ITAT Hyderabad held that receipt of more than Rs. 20,000 by way of cash without any reasonable cause is in contravention of provisions of section 269SS of the Income Tax Act. Accordingly, penalty under section 271D duly imposed.

Invocation of revisionary power u/s 263 unsustainable as inquiry was duly conducted by AO

October 20, 2023 297 Views 0 comment Print

ITAT Delhi held that invocation of revisionary power u/s. 263 of the Income Tax Act unsustainable as Assessing Officer duly carried out all the inquiry before passing assessment order u/s. 143(3) of the Income Tax Act.

Parking charges collected for providing parking space is liable to service tax

October 20, 2023 864 Views 0 comment Print

CESTAT Hyderabad held that parking charges collected for providing parking space is liable for inclusion in the value of Management, Maintenance or Repair services and accordingly, service tax is payable on the same.

Deduction u/s 37(1) not available to pharmaceutical company gifting freebies to doctors

October 20, 2023 627 Views 0 comment Print

ITAT Ahmedabad held that the assessee (pharmaceutical company) is not entitled for claiming deduction under section 37(1) of the Income Tax Act on account of freebies given to the doctors.

Importance of Section 90(1) Notification in DTAA: SC’s Ruling

October 20, 2023 2493 Views 0 comment Print

Learn why a Section 90(1) notification is crucial for a DTAA’s enforcement, as per the Supreme Court’s landmark judgment in AO vs. Nestle SA. Understand its impact and implications.

Calcutta HC set aside GST appellate order for lack of due process

October 19, 2023 1179 Views 0 comment Print

Calcutta High Court sets aside GST appellate order in Murtaza B Kaukawala vs. State of West Bengal, emphasizing natural justice principles. Detailed analysis and judgment included.

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