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Judiciary

Calcutta HC Directs Anomaly Committee to Decide on Income Tax Officers’ Pay Scale

July 16, 2023 5652 Views 0 comment Print

The Union of India challenged the Central Administrative Tribunal’s order on upgrading the pay scale of Income Tax Officers. The Calcutta High Court ordered the formation of a Special Anomaly Committee to resolve the issue.

No Duty Demand Under Advance Authorization Scheme Post Discharge Certificate Issuance

July 16, 2023 2343 Views 0 comment Print

Comprehensive analysis of the Punjab and Haryana High Court ruling in favor of Jindal Drugs Ltd., discussing the precedent-setting case related to the advance authorization scheme and customs duties.

ITAT upholds addition under section 68 for bogus LTCG from penny stocks

July 15, 2023 2727 Views 0 comment Print

The ITAT Kolkata has dismissed the appeal of Rohit Agarwal against the order of the Ld. CIT(A)-10, Kolkata. The appeal challenged the addition of Rs. 46,97,718/- as unexplained cash credit under section 68 of the Income Tax Act. The tribunal upheld the decision of the revenue authorities, stating that the transactions in question involved penny stocks and were held to be bogus by the Calcutta High Court.

Cash deposits out of earlier withdrawal not entirely exempt from taxation

July 15, 2023 17601 Views 0 comment Print

Explore the verdict of ITAT Bangalore in the case of Hemavathi Ramesh Vs ITO, where cash deposits from earlier deposits were deemed taxable. Delve into the legal nuances and implications of the judgement.

Compensation for Delayed Flat Handover Deductible as Work-in-Progress

July 15, 2023 2823 Views 0 comment Print

An in-depth review of ITAT Pune’s ruling in Jayant Hari Mulay vs DCIT, focusing on the key takeaway that compensation paid to a landlord for delayed handover of flats is deductible as part of work-in-progress.

Interest Income from ‘Nominal Members’ eligible for deduction u/s 80P(2)(a)(i)

July 15, 2023 792 Views 0 comment Print

The tribunal examined previous precedents such as The Vainganga Nagari Sahakari Pat Sanstha Ltd. Vs. ITO, and found the deduction on interest income received from nominal members has been allowed in these cases. Furthermore, the tribunal took into account that the Kerala Act and Maharashtra Act consider ‘Nominal Members’ within the ambit of ‘Members’, thereby making such interest income eligible for deduction u/s 80P(2)(a)(i).

Interest earned by co-operative society from deposit with co-operative banks eligible for deduction u/s 80P(2)(d)

July 15, 2023 12765 Views 0 comment Print

ITAT Mumbai held that deduction u/s 80P(2)(d) of the Income Tax Act is duly available to co-operative society on the interest income/dividend received/earned from deposits with the co-operative banks.

Income treated as income from other source not to be considered for applicability of section 44AB

July 15, 2023 9747 Views 0 comment Print

ITAT Visakhapatnam held that penalty u/s 271B of the Income Tax Act not imposable as provision of section 44AB of the Income Tax Act doesn’t apply to income that is treated as income from other sources.

Exemption u/s 54 duly available as construction of residential house completed within 3 years

July 15, 2023 2292 Views 0 comment Print

ITAT Mumbai held that the assessee is eligible to claim exemption u/s. 54 of the Income Tax Act as the construction of residential house completed within three years from the relevant date.

Interest payable after three months from the date refund of pre-deposit amount becomes due

July 15, 2023 1518 Views 0 comment Print

Punjab and Haryana High Court held that the department is liable to make payment of interest after the expiry of three months from the date the refund of pre-deposit amount becomes due.

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