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Judiciary

Addition invoking section 41(1) unjustified in absence of any remission or cessation of liability

September 14, 2023 2133 Views 0 comment Print

ITAT Delhi held that addition by invoking provisions of section 41(1) of the Income Tax Act unjustified as liability reflected as outstanding in books of accounts and there is no evidence that such liability has ceased during the year.

Investment allowance u/s 32AC not allowable when depreciation already claimed on new asset

September 14, 2023 723 Views 0 comment Print

ITAT Chennai held that in case the assessee claims depreciation on the new asset, then, it cannot claim investment allowance under Section 32AC of the Income Tax Act.

Deeming provision of section 69-69D unjustified as nature and scope of unrecorded transactions explained

September 14, 2023 975 Views 0 comment Print

ITAT Chandigarh held that transaction not recorded at the time of survey qualify as unrecorded transactions, however, the assessee has provided the necessary explanation about the nature and source of such unrecorded transactions and hence invoking deeming provisions of section 69-69D of the Income Tax Act unjustified.

Background screening receipts doesn’t qualify as Royalty/ FTS hence not taxable

September 14, 2023 564 Views 0 comment Print

ITAT Delhi held that receipts from background screening provided by the assessee to its customers in India cannot be regarded as Royalty or Fees for Technical Services (FTS) under Article 13 of the India-UK DTAA and hence not taxable in India.

Payment of 5%/10% of value of exempted goods unjustified as proportionate credit reversed

September 14, 2023 306 Views 0 comment Print

CESTAT Ahmedabad held that demand under Clause (i) of Rule 6(3) i.e. payment of 5%/10% of the value of exempted goods unjustified as appellant rightly availed the option of sub-rule (3A) of Rule 6 of CCR, 2004 i.e. reversal of proportionate cenvat credit attributed to exempted goods.

Resolution plan submitted by M/s. GCCL Infrastructure and Projects Limited is approved

September 14, 2023 630 Views 0 comment Print

NCLT Ahmedabad approved the resolution plan submitted by M/s. GCCL Infrastructure and Projects Limited (Corporate Debtor) as resolution plan has provisions of its effective implementation.

Settlement between parties cannot be directed by way of an order under IBC: NCLAT

September 14, 2023 1125 Views 0 comment Print

NCLAT Chennai held that any kind of settlement is between the Parties and no settlement can be directed by way of an Order under the Provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016).

Deduction u/s 80G for donations forming part of spend towards CSR available

September 14, 2023 1380 Views 0 comment Print

ITAT Hyderabad held that as conditions of Section 80G of the Income Tax Act are satisfied, the assessee is entitled to claim deduction under Section 80G of the Act in respect of such donations which formed part of the spend towards CSR.

Seizure unjustified as not established that gold jewellery is of foreign origin

September 14, 2023 1626 Views 0 comment Print

CESTAT Chennai held that seizure of gold jewellery unjustified as revenue failed to establish beyond doubt that gold jewellery seized is of foreign origin.

Cenvat credit left on closure of manufacturing unit allowable as deduction u/s 37(1)

September 14, 2023 417 Views 0 comment Print

ITAT Delhi held that unadjusted cenvat credit left on closure on manufacturing unit, which cannot be utilised further, is allowable as business expenditure under section 37(1) of the Income Tax Act

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