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Judiciary

Delay in filing cross objection without plausible explanation cannot be condoned

July 30, 2023 555 Views 0 comment Print

Read the detailed analysis of ITAT Mumbai’s decision on DCIT Vs ICICI Bank Ltd., addressing disallowance of exempt income, inordinate delay, and the crucial role of interest-free funds.

Salary Receipt by NRI for Services in Morocco: India-Morocco DTAA Article 15(1) Benefit eligible

July 30, 2023 894 Views 0 comment Print

ITAT Kolkata held that non-resident Indian who has provided services as an employee outside India (i.e. in Morocco) is entitled to claim benefit of Article 15(1) of the India Morocco DTAA.

Addition of unexplained investment unsustained on failure to establish that society was benamidar of assessee

July 30, 2023 1107 Views 0 comment Print

ITAT Raipur held that addition towards unexplained investment unsustainable as AO failed to place on record any material which would conclusively establish that the said society was a benamidar of the assessee. Accordingly, addition based on bald allegation couldn’t be accepted.

Traffic Rule Violation: Compounding Fee allowable as Business Expense

July 30, 2023 912 Views 0 comment Print

ITAT Delhi held that payment of compounding fee for violation of provision under the Motor Vehicles Act, 1988 and Rules are allowable as business expenditure under section 37(1) of the Income Tax Act.

Demerger: Depreciation is allowed on WDV Based on Consideration Paid

July 30, 2023 1338 Views 0 comment Print

ITAT Raipur held that assessee company was entitled for depreciation on WDV on consideration that was paid by it and not on WDV that was lastly shown by CSEB, before its disintegration.

Eligibility of CENVAT Credit for Duty on Molasses in Rectified Spirit Production

July 30, 2023 984 Views 0 comment Print

CESTAT Chennai held that input credit of duty paid on molasses used in production of rectified spirit being a final product is eligible as CENVAT Credit.

Unsustainable Penalty u/s. 112 and 114AA without Knowledge of Prohibited Goods Import

July 30, 2023 2085 Views 0 comment Print

CESTAT Delhi held that penalty u/s. 112 and 114AA of the Customs Act not leviable in absence of any knowledge of goods of prohibited nature being imported.

Mandatory IIISLA Membership: Beyond CCI Act’s Jurisdiction

July 30, 2023 3219 Views 0 comment Print

Membership of IIISLA has been made mandatory by IRDAI for grant and renewal of licences for Surveyors and Loss Assessors. Such functions, being regulatory in nature, are not per se amenable within the jurisdiction of the Competition Commission of India.

Mere denial of claim of deduction doesn’t attract penalty u/s 271(1)(c)

July 29, 2023 1971 Views 0 comment Print

ITAT Ahmedabad held that imposition of penalty under section 271(1)(c) of the Income Tax Act unjustified as denial of claim of deduction u/s 80HH/ 80IA doesn’t tantamount to concealment of income and/or furnishing of inaccurate particulars of income.

Old currency notes receipt for booking of railway tickets allowed during demonetization

July 29, 2023 810 Views 0 comment Print

ITAT Surat held that addition towards cash deposited during demonetization period unwarranted as booking of railway tickets were allowed by way of old currency notes. Here, cash were received from various travelers for booking of railway tickets.

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