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Judiciary

Penalty u/s 271B not leviable on local authority as it cannot be considered to be engaged in business

June 14, 2023 294 Views 0 comment Print

ITAT Delhi held that penalty under section 271B of the Income Tax Act not leviable as assessee is a local authority and it cannot be considered to be one engaged in ‘business’ or to be earning profit.

Deduction u/s 80P eligible towards grants from West Bengal State Government to cooperative societies

June 14, 2023 387 Views 0 comment Print

ITAT Kolkata held that grants from the West Bengal State Government to cooperative societies are not income from other sources and eligible for deduction under section 80P of the Income Tax Act, 1961.

Order passed in violation of principles of natural justice is unsustainable

June 14, 2023 1407 Views 0 comment Print

Delhi High Court held that order passed under section 148A(d) of the Income Tax Act without dealing with the request for accommodation and according without hearing the petitioner is in violation of principles of nature justice and hence liable to be set aside.

Income not taxable in India merely because overseas employer paid salary into NRE account in India

June 14, 2023 2295 Views 0 comment Print

ITAT Ahmedabad held that income is not taxable in India merely because the overseas employer paid salary into NRE account of the assessee in India.

Penalty u/s 271(1)(c) unsustainable in absence of recording of satisfaction

June 14, 2023 945 Views 0 comment Print

ITAT Mumbai held that recording of satisfaction for initiating penalty u/s 271(1)(c) of the Act is not in accordance with the provisions of the Act, accordingly, penalty u/s 271(1)(c) not sustained.

No Penal Action for Bonafide Mistake on EPCG License: CESTAT Kolkata

June 14, 2023 633 Views 0 comment Print

CESTAT Kolkata rules in favor of Aurora Fine Arts in a bonafide mistake case, exempting from penalty for a misdeclared EPCG license value, acknowledging voluntary duty and interest payment.

NCLAT Accepts Private Sale in Favor of Appellant

June 14, 2023 690 Views 0 comment Print

NCLAT approves Kuldeep Singh & Anr’s private sale against Sainsons Pulp and Papers Ltd. liquidator, highlighting full payment with interest after initial delay.

ITAT Ahmedabad Deletes Late Filing Fee for TDS Return Due to Human Error

June 14, 2023 765 Views 0 comment Print

ITAT Ahmedabad has allowed the appeal of Kanta Govind Singh against the levy of a late filing fee under section 234E for a TDS return. The appellant, a senior citizen, had promptly deposited the TDS amount but had inadvertently filed the return late due to old age and human error. The ITAT deemed the procedural error as not warranting the imposition of a heavy late filing fee under Section 234E of the Income Tax Act.

ITAT Delhi dismisses Claim for delayed deposit of Employees’ Contribution to PF & ESI

June 14, 2023 543 Views 0 comment Print

ITAT Delhi dismisses Drishti Apparels’ appeal against disallowance of PF and ESI deduction due to delayed deposit, aligning with Supreme Court decision.

ITAT Delhi Allows Deduction u/s 35(2AB) Ignoring Absence of Form 3CL

June 14, 2023 648 Views 0 comment Print

ITAT held that the genuineness of the expenditure was not in doubt, and the first appellate authority erred in ignoring Form 3CL issued by the competent authority. The disallowance of Rs.29,05,724/- was deemed unsustainable and deleted.

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