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Judiciary

ITAT Rules Against Double Taxation on Unaccounted Share Capital

July 4, 2023 357 Views 0 comment Print

ITAT Delhi, in a significant ruling, held that no addition can be made on unaccounted share capital if it has already been taxed under the category of ‘Source of Income’. Dive into the intricate details of the case: DCIT Vs Subhshree Investment Management Pvt Ltd.

Addition of advances received as deemed dividend unsustainable as it is purely business transaction

July 4, 2023 675 Views 0 comment Print

ITAT Kolkata held that addition of advances received by the company as deemed dividend in terms of provisions of section 2(22)(e) of the Income Tax Act unsustainable as advances are received from the concerns purely as business transaction.

Service tax not leviable on provision as per GAAP for sharing expenditure of receipt of sponsorship services

July 4, 2023 570 Views 0 comment Print

CESTAT Chennai held that the provisions made in the books of account by the appellant as per the GAAP towards sharing the expenditure on account of receipt of sponsorship services cannot be subjected to tax.

Delay in filing return and Form No. 67 is not fatal to claim Foreign Tax Credit

July 4, 2023 1317 Views 0 comment Print

ITAT Bangalore held that delay in filing the return and Form No.67, beyond period under section 139(1) of the Act, is not fatal to the claim of FTC. Foreign Tax Credit duly available in respect of income taxable in India and received outside India for the amount of taxes paid outside India.

No Penalty u/s 271(1)(c) for mere Incorrect Claim

July 4, 2023 2055 Views 0 comment Print

ITAT Ahmedabad held that making of incorrect claim in law cannot tantamount to furnishing of inaccurate particulars or concealment of income. Therefore, the penalty under section 271(1)(c) of the Income Tax Act not sustainable.

Embezzlement Loss in Charitable Trust’s Activities allowable

July 4, 2023 558 Views 0 comment Print

ITAT Chandigarh held that loss incurred on account of embezzlement during the course of day to day carrying out of charitable activities by the trust is revenue loss and duly allowable.

Extended period of limitation cannot be invoked on a legitimate buyer

July 3, 2023 705 Views 0 comment Print

CESTAT set aside the order demanding excise duty and held that the buyer who has paid a valuable consideration could not be proceeded upon by taking the aid of a larger period of limitation as per Section 11A(1) of the Central Excise Act, 1944 unless it is proved that the buyer was also involved in fraud.

SCN issued without issuance of DRC-01A is valid where entire tax amount is disputed by taxpayer

July 3, 2023 16944 Views 0 comment Print

HC held that in case where assessee has disputes all the facts and allegation stated in the show cause notice the requirement of issuance of DRC-01A would be mere formality however, if issuance of DRC-01A would have serviced any benefit to the assessee, it would have been imperative for the court to enforce such notice on the Revenue Authorities.

Addition towards cash deposited during demonetization set aside for de novo proceedings

July 3, 2023 13164 Views 0 comment Print

ITAT Lucknow sets aside additions made for cash deposits during demonetization in Shiva Goods Carrier Pvt Ltd vs DCIT, orders de novo proceedings under section 68 of the Income Tax Act.

Demand on semi-finished and finished goods not sustained as goods exported on payment of duty

July 3, 2023 825 Views 0 comment Print

CESTAT Chennai held that duty demand on semi-finished goods and finished goods not sustainable as goods are exported on payment of duty under section 3(1) of the Central Excise Act, 1944.

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