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Judiciary

Late Filing of ROI: ITAT Directs Reconsideration of FTC Rejection

June 22, 2023 399 Views 0 comment Print

ITAT Hyderabad’s decision on Shridhar Madhav Diwan vs DCIT case emphasizes re-examination of denied foreign tax credit due to late Form No. 67, aligning with DTAA provisions and Income Tax Rules.

Disallowance u/s 14A unsustainable as there is no requirement of head-wise bifurcation for computing income u/s 44

June 22, 2023 294 Views 0 comment Print

ITAT Delhi held that as per provisions of section 44 of the Income Tax Act there is no requirement of head wise bifurcation while computing income u/s 44 in case of insurance company. Thus, provisions of section 14A are not relevant to make a disallowance.

Deduction u/s 36(1)(va) allowed if payment made on day next to due date, as due date being a holiday

June 22, 2023 1182 Views 0 comment Print

ITAT Mumbai held that employee’s contribution paid on day next to the due date and due date being a national holiday. Matter remanded back to AO for examining the payments made and allowing the deduction u/s 36(1)(va).

Delay in Uploading Order or Generating DIN Not Invalidate Assessment Order

June 22, 2023 5841 Views 0 comment Print

In a case between Prakash Lal Khandelwal and CIT, Jharkhand High Court determined that a one-day delay in uploading an order or generating a DIN does not render an assessment order unsustainable.

ITAT Condones Delayed Appeal due to Tax Practitioner’s Negligence

June 22, 2023 573 Views 0 comment Print

A discussion on ITAT Ahmedabad’s ruling condoning the late filing of an appeal due to the negligence of the tax practitioner, in the case of Sanjeev Harshadrai Sheth Vs ITO.

Delhi High Court Guidelines for Drafting Mediation Settlement Agreements

June 22, 2023 2142 Views 0 comment Print

Delhi HC In Shri Chhatter Pal & Ors. issued guidelines for mediators while drafting Settlement Agreements in cases of matrimonial disputes.

Processing rectification application u/s 154 without giving reasonable opportunity is unsustainable

June 22, 2023 1287 Views 0 comment Print

ITAT Amritsar held that a reasonable opportunity should be given to the assessee before making addition u/s 40A(7) of the Income Tax Act before processing rectification application u/s 154.

GST: HC Allows Release of Machinery; Legal Challenge to Seizure Legality

June 22, 2023 774 Views 0 comment Print

In the case of DRB Infrastructure Pvt Ltd Vs State of West Bengal, the Hon’ble Kolkata High Court at Jalpaiguri has allowed release of machinery upon furnishing a bank guarantee. The petitioner, a contractor, challenged seizure’s legality, arguing against imposition of a penalty due to absence of an invoice.

Services of extending corporate guarantee without any consideration is not considered as a service

June 22, 2023 1095 Views 0 comment Print

CESTAT Delhi held that no service tax is payable as the assessee did not receive any consideration for providing a corporate guarantee.

ITAT allows business Loss as AO Misunderstands INX News’ Business Activity

June 22, 2023 174 Views 0 comment Print

ITAT Delhi allows INX News Pvt Ltd to claim a business loss, asserting the Assessing Officers failure to comprehend the nature of the companys business activity.

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