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Judiciary

No addition can be made on Absence of Corroborative and Supporting Evidence regarding Satakat found during survey of Third Party Business Premises: ITAT

June 10, 2023 960 Views 0 comment Print

Explore the recent ITAT Surat ruling on Mukesh Agarwal vs ITO, where no addition was justified without corroborative evidence on a discovered satakat during a third-party survey.

GST: Cash-credit account cannot be attached by Revenue being not debt

June 10, 2023 3201 Views 0 comment Print

Calcutta HC in J. L. Enterprises v. Assistant Commissioner, State Tax held that cash-credit facility is not a debt, thus cannot be attached through provisional attachment order.

TPO adjustment towards technical know-how fees after accepting entity level margins is unsustainable

June 10, 2023 630 Views 0 comment Print

ITAT Bangalore held that the adjustment made by the TPO towards technical know-how fees despite accepting the entity level margins is liable to be deleted.

Penalty u/s. 271(1)(c) not leviable as change in method of accounting not concealment

June 10, 2023 492 Views 0 comment Print

ITAT Pune held that change in method of accounting cannot partake character of concealment. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

ITAT order allowing EPF & ESIC employee’s contribution prior to Checkmate Services Judgment suffers from ‘apparent mistake from record’ 

June 9, 2023 9579 Views 0 comment Print

Explore the ITAT order rectifying disallowance of EPF & ESIC contributions, diverging from the Checkmate Services judgment. Analysis, implications & more.

Will (Before Death of Testator) Or POA cannot Confer Title in Immovable Property: SC

June 9, 2023 16830 Views 0 comment Print

SC in the Ghanshyam Vs Yogendra Rathi, concerning entitlement to eviction and mesne profits based on various documents such as power of attorney, will, agreement to sell, possession memo, and sale consideration receipts

Fees paid to foreign institutions having permanent establishment in India is not covered under RCM

June 9, 2023 2568 Views 0 comment Print

CESTAT Chennai held that tax under Reverse Charge Mechanism (RCM) doesn’t apply to fees paid to foreign institutions for External Commercial borrowing as such financial institutions have permanent establishment in India.

Registration u/s 80G(5)(vi) denied as agreement likely to give benefit to trustees

June 9, 2023 4137 Views 0 comment Print

ITAT Pune held that registration under section 80G(5)(vi) of the Income Tax Act not granted as the agreement gives benefit of the persons covered u/s. 13(3) of the Act.

Disallowance u/s 40(a)(ia) unsustainable as TDS already deducted and deposited

June 9, 2023 1233 Views 0 comment Print

ITAT Delhi held that disallowance u/s 40(a)(ia) of the Income Tax Act on account of non-payment of TDS unsustainable as TDS already deducted and deposited by the assessee.

Penalty u/s 271D leviable on failure to establish reasonable cause for taking cash loans

June 9, 2023 990 Views 0 comment Print

ITAT Ahmedabad held that penalty under section 271D of the Income Tax Act leviable for contravention of provisions of section 269SS on failure to establish any reasonable cause for taking cash loans.

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