The ITAT Kolkata recently deleted an addition made on interest receipt by the CIT(A) in the case of Guruji Mercantile Pvt. Limited Vs ITO, citing lack of jurisdiction.
The ITAT ruling emphasizes the necessity of incorporating a Document Identification Number (DIN) in tax communication, as stipulated in the CBDT Circular 2019. Explore the detailed analysis and implications of the case.
A thorough review of the CESTAT Ahmedabad case between Kandla Port Trust and C.C.E. & Kutch (Gandhidham) where the CESTAT quashed the order as the SCN was time-barred.
The issue at hand was the refund claim by Tata Motors, following a price increase and subsequent reversal due to non-acceptance by the buyer. The court had to decide whether the excise duty paid on the increased price could be refunded under Section 11B of the Central Excise Act, 1944.
ITAT Delhi held that delayed deposit of the contribution EPF & ESIC beyond the stipulated period prescribed in the respective Acts are not allowable as deduction.
In present facts of the case, the condonation of delay was allowed for 902 days by placing its reliance over the Judgments of Hon’ble Supreme Court and it was observed that Income-tax law is a complex subject and meeting its compliance requirements is dependent on services by experts of the subject matter. Accordingly the delay was condoned and the appeal was allowed on merits.
HC held that if the deposit of tax had been already made and the Appellate Tribunal is not yet constituted then the rest of the demand shall remain stayed.
ITAT Delhi held that as assessee disclosed all the material facts relating to payment of non-compete fee, assessee cannot be accused of furnishing inaccurate particulars of income. Accordingly, penalty u/s 271(1)(c) not leviable.
ITAT Bangalore held that deduction under section 80P(2)(a)(i) or 80P(2)(d) of the Income Tax Act is not available in respect of interest income earned from scheduled banks.
Rajasthan High Court in case of M/s B.C. Power Controls Ltd. v. Union of India held that refund application for IGST cannot be indefinitely delayed based on pendency of proceedings. Get full details and analysis here.
