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Judiciary

ITAT waives Penalty for Tax Audit Report delay due to Accountant’s Unavailability

June 20, 2023 495 Views 0 comment Print

In Deepak T. Dhanwani vs ITO, where ITAT Chennai waived penalty for delayed tax audit report due to accountant’s unavailability,

No section 271(1)(c) Penalty for Misclassified Interest Expense

June 20, 2023 432 Views 0 comment Print

ITAT Ahmedabad case between Standard Radiators Pvt Ltd and ACIT, involving an inaccurate income penalty dispute related to interest expense misclassification

ITAT Deletes Penalty for Estimation-Based Addition (Section 271A)

June 20, 2023 570 Views 0 comment Print

ITAT Hyderabad order, wherein Mohammed Rahimuddin successfully appeals the penalty u/s 271A due to estimation-based income addition.

Rent received from jointly owned property cannot be combined to impose service tax on individuals

June 20, 2023 1113 Views 0 comment Print

CESTAT’s decision clarifies that since the rent received by individual co-owners is below the specified threshold, there is no basis for imposing service tax on these amounts.

No Addition under Section 69A when Income Source adequately Explained

June 20, 2023 4617 Views 0 comment Print

In Ram Kishan Vs ITO case, ITAT Delhi ruled that no addition u/s 69A of Income Tax Act when income source was appropriately explained during assessment.

Order of AO can be challenged before CIT(A), Not ITAT – Appeal Dismissed

June 20, 2023 1026 Views 0 comment Print

Read about dismissal of an appeal by ITAT Mumbai in case of BLPL Singapore Pvt Ltd Vs DCIT. Sssessee’s appeal against penalty order under Section 270A for non-disclosure of interest income was dismissed.

Interest not leviable when wrongly availed Cenvat credit is not utilized

June 20, 2023 1365 Views 0 comment Print

CESTAT Kolkata held that as per substituted provisions of Rule 14 of the CENVAT Credit Rules, interest is not leviable where wrongly availed credit is only taken but not utilized.

Depreciation on asset allowable if acquisition is not claimed as application of income

June 20, 2023 1527 Views 0 comment Print

ITAT Kolkata held that depreciation is allowable on asset of the assessee if acquisition is claimed as application of income. Notably, after change in law in section 11(6), assessee has not claimed acquisition of property towards application of income while computing the total taxable income.

Remuneration to Full-Time Trustee not violates Section 13 – Rejection of Section 12AB Registration Unsustainable

June 20, 2023 951 Views 0 comment Print

ITAT Amritsar held that rejection of application for registration u/s 12AB of the Income Tax Act unsustainable as there is no violation of section 13(1)(c) by paying remuneration to the full-time working trustee.

Invalidity of Late Filing Fees before 01.06.2015 (Section 234E)

June 20, 2023 165 Views 0 comment Print

ITAT Delhi’s landmark judgement, which annulled late filing fee under Section 234E of the IT Act on grounds of limitation.

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