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Judiciary

Arbitral award cannot be set aside on mere possibility of alternative view on facts or interpretation of contract: SC

August 24, 2023 1332 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while restoring the award of Arbitral Tribunal observed that it is well-settled that courts ought not to interfere with the arbitral award in a casual and cavalier manner.

Loss on sale of investment not deductible from book profits u/s 115JB

August 24, 2023 1389 Views 0 comment Print

ITAT Chennai held that as capital profit are to be excluded while computing book profit u/s 115JB, similarly, the adjustment of loss could also not be allowed u/s 115JB. Hence, loss on sale of investment could not be reduced from Book Profits u/s 115JB of the Income Tax Act.

Levy of penalty u/s 271D without any assessment proceedings is invalid

August 24, 2023 3246 Views 0 comment Print

ITAT Indore held that the penalty levied u/s 271D of the Income Tax Act without any assessment proceedings in the case of the assessee is not valid and liable to be quashed.

Remand Warranted: Assessee Deserves Opportunity – ITAT Indore

August 24, 2023 345 Views 0 comment Print

Noorul Hasan Baig Vs DCIT/ACIT case at ITAT Indore, exploring necessity of remand for an assessee’s second chance to present relevant documents.

Assessment of surrendered income from unexplained sources u/s 69 is invalid

August 24, 2023 3273 Views 0 comment Print

ITAT Chandigarh’s ruling on assessment of surrendered income under section 69 of Income Tax Act. Jaspreet Singh Mauj’s case offers insights into legitimacy of such assessments.

Source of cash deposits adequately explained – ITAT deletes addition

August 24, 2023 2649 Views 0 comment Print

Dive into the ITAT Chandigarh’s ruling in case of Manjeet Singh vs. ITO, which deliberates on validation of unexplained cash deposits.

Reputation Protection Costs deductible under Section 37 of Income Tax Act

August 23, 2023 1359 Views 0 comment Print

ITAT Delhi ruling on ACIT vs. Liberty Shoes Ltd. case. Expenditure to avoid reputation damage and litigation costs allowed as valid business expense under Section 37 of Income Tax Act.

CIT (A) cannot enhance taxable income based on issues not considered by AO

August 23, 2023 1518 Views 0 comment Print

Read a detailed analysis of case of Apeejay Shipping Ltd. vs ACIT in ITAT Kolkata regarding jurisdiction of CIT (A) to raise new tax issues and enhance taxable income.

Roasted areca/ betel nut is specifically covered under CTH 2008 19 20

August 23, 2023 2580 Views 0 comment Print

Madras High Court held that CTH 2008 19 20 specifically covers roasted areca nut / betel nut, accordingly, when there is a specific entry covering a product/commodity, the test of common parlance is irrelevant in determining classification.

Royalty for technology use should be aggregated with other international transactions in manufacturing segment

August 23, 2023 1005 Views 0 comment Print

Bombay High Court held that the transaction of payment of royalty for use of technology is inextricably linked with manufacturing activity and should be aggregated with other international transactions in the manufacturing segment for the purposes of benchmarking the same 

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