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Judiciary

Foreign travel expense of company employees’ spouse who accompanied on official tour is allowable

June 9, 2023 2217 Views 0 comment Print

ITAT Mumbai held that foreign travelling expenses in respect of spouses who accompanied on official tour with some of the company employees is allowable expenditure.

Duty element treated as expenditure and not as receivables hence hit by doctrine of unjust enrichment

June 9, 2023 903 Views 0 comment Print

CESTAT Hyderabad held that all the evidence leads to the conclusion that duty element is treated as an expenditure and not as receivables. Accordingly, as the duty incidence is passed on and therefore hit by doctrine of unjust enrichment.

Denial of Foreign Tax Credit merely because Form 67 furnished after due date of return filing is unjustified

June 8, 2023 3744 Views 0 comment Print

ITAT Jaipur held that denial of Foreign Tax Credit merely because Form 67 was filed after the due date of filing the return under section 139(1) of the Income Tax Act is unjustified and untenable in law.

Refund claim of SAD under notification 102/2007-Cus should be filed within one year from date of payment of SAD

June 8, 2023 1137 Views 0 comment Print

CESTAT Chennai held that refund of Special Additional Duty (SAD) under Notification No.102/2007-Cus. need to be filed within a period of one year from the date of payment of SAD.

Reassessment proceedings unsustainable as material facts fully and truly disclosed

June 8, 2023 999 Views 0 comment Print

ITAT Delhi held that initiation of proceedings under section 147/148 of the Income Tax Act unsustainable as there was on failure on the part of the assessee to disclose fully and truly all the material facts.

HC denies bail in fraud of 3 crore by Fabrication of GST Number & Firm name

June 8, 2023 3243 Views 0 comment Print

Supreme Court’s ruling in Sheetal Mittal vs. State of Rajasthan, where anticipatory bail was denied due to fabricated GST number and firm name

TDS credit available to Rinfra as both income and TDS credit is transferred by AEML to Rinfra

June 8, 2023 648 Views 0 comment Print

ITAT Mumbai held that genuine TDS credit to Rinfra cannot be denied merely because credit of TDS didn’t reflected in Form 26AS as on account of transfer of business, Adani Electricity Mumbai Ltd. (AEML) transferred the income and TDS credit to Reliance Infrastructure Ltd. (Rinfra).

Unexplained money received back via banking channel in form of sale consideration taxable u/s 115BBE

June 8, 2023 924 Views 0 comment Print

ITAT Raipur held that unexplained money u/s 69A of the Income Tax Act was received back through banking channel in the form of sale consideration of the shares. Accordingly, the same has to be brought to tax u/s 115BBE of the Income Tax Act.

Insertion of first and second proviso to section 50C(1) being curative in nature has retrospective effect

June 8, 2023 3411 Views 0 comment Print

ITAT Pune held that first and second proviso(es) to section 50C(1), inserted by the Finance Act 2016 w.e.f. 01.04.2017 being curative in nature inserted for removing hardships to the taxpayers and, therefore, it carries retrospective effect.

In absence of source of cash loans, provisions of section 269SS/ 269T not applicable

June 8, 2023 2061 Views 0 comment Print

ITAT Indore held that as AO unable to found source of any cash loans during the search proceedings, provisions of section 269SS/ 269T of the Income Tax Act cannot be applied.

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