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Judiciary

Addition towards unexplained jewellery unsustainable as ownership belongs to various people

July 5, 2023 606 Views 0 comment Print

ITAT Delhi held that addition towards unexplained jewellery unsustainable as panchnama clearly mentions the fact that ownership of jewellery belongs to various people.

Escaped assessment of outward foreign remittances – HC Orders Re-examination of Material

July 5, 2023 369 Views 0 comment Print

Read the full text of the judgment in the case of Ashok Kumar Sinha vs ACIT, where the Delhi High Court sets aside the assessment order and notices issued under the Income Tax Act, directing a re-examination of the material provided by the petitioner and a fresh assessment by the Assessing Officer.

Official liquidator should be assisted by the erstwhile directors even after winding up

July 5, 2023 1104 Views 0 comment Print

Calcutta High Court held that though the official liquidator is now in-charge of the affairs of the company, the petitioners being the erstwhile directors are to assist the official liquidator in affairs of the company even after winding up.

Reduce Section 80IA/80IB deduction from Business Profits for 80HHC deduction

July 5, 2023 612 Views 0 comment Print

The recent ITAT ruling underlines that the deductions under sections 80IA/80IB should be subtracted from business profits when computing the deduction U/S. 80HHC. This is a comprehensive review of the case ITO vs Madhusudhan Industries.

Refund u/s. 11B available as service tax not leviable on transportation of gas up to delivery point

July 5, 2023 438 Views 0 comment Print

CESTAT Chennai held that refund under section 11B duly available as there can be no levy of service tax on the activity of transportation of gas up to delivery point at customer’s premises as it pertains to self-service.

Bail application dismissed in matter of dealing with prohibited drugs

July 5, 2023 495 Views 0 comment Print

Himachal Pradesh High Court dismissed the bail application of the petitioner and stated that the case is not fit for exercising discretionary power under section 438 of Cr.P.C. in the matter of dealing with prohibited drugs.

Discount/ commission/ incentives for sale of cars is not compensation received by dealer from car manufacturer

July 5, 2023 1611 Views 0 comment Print

CESTAT Mumbai held that the discount/ commission/incentives given for sale of cars cannot be treated as compensation received by the appellant for any services provided to the car manufacturer.

Delay in filing of appeal condoned in absence of any deliberate/ intentional/ gross negligence

July 5, 2023 3162 Views 0 comment Print

ITAT Surat held that the delay in filing appeal before ld CIT(A)/ NFAC is not deliberate or intentional or gross negligence on part of assessee and hence the same is condoned.

Matter remanded in absence of FMV of plots allotted against compulsory acquisition of land

July 5, 2023 828 Views 0 comment Print

ITAT Pune discussed the cost of acquisition of two plots allotted against compulsory acquisition of land. Matter remanded in absence of availability of figures of fair market value of two plots which is cost of acquisition in second transaction.

PCIT order passed without verification of factual material is unsustainable

July 5, 2023 786 Views 0 comment Print

ITAT Delhi held that order of the ld. PCIT passed in haste without verification of factual material, as amount alleged was in Crores as against actual transactions in Lakhs, is unsustainable.

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