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Judiciary

Rejection of SVLDR Scheme because of unreasonable errors is unsustainable

June 5, 2023 1239 Views 0 comment Print

Delhi High Court held that rejection of application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (the SVLDR Scheme) merely because of some non-material errors in quantum of duty is unsustainable.

Disallowance u/s 14A untenable on mechanical application of rule 8D

June 5, 2023 1221 Views 0 comment Print

ITAT Mumbai held that disallowance u/s 14A untenable as AO has mechanically applied rule 8D without having recorded his satisfaction or examining the nature of investments whether they have yielded any exempt income or not.

Depreciation u/s 32 allowable only when asset is put to use for business purpose

June 5, 2023 7035 Views 0 comment Print

ITAT Bangalore held that depreciation under section 32 of the Income Tax Act is allowable only when the asset is put to use for the business purpose. Notably, the onus is on the assessee to prove that the assets are put to use for the business purposes only.

Rejection of patent application on sole base of non-patentability u/s 3(k) is unjustified

June 5, 2023 1872 Views 0 comment Print

Delhi High Court held that rejection of Microsoft patent application for invention relating to ‘Methods and Systems for authentication of a user for sub-locations of a network location’ solely on the basis of non-patentability under Section 3(k) of the Patent Act, 1970 is unjustified and needs re-examination.

Profit eligible to deduction u/s 80IA(4)(ii) reducible due to revenue sharing

June 5, 2023 777 Views 0 comment Print

ITAT Ahmedabad held that as the revenue from selling of bandwidth business of the assessee is shared between the assessee and its parent company, profits eligible to deduction under section 80IA(4)(ii) of the Income Tax Act is reducible.

Addition towards SBN deposits sustained as source not established

June 5, 2023 1950 Views 0 comment Print

ITAT Cuttack held that addition towards the unexplained investment for SBN deposits during demonetization period sustained in absence to establish source of the same without documentary evidences.

Capital contribution by partner cannot be added in hands of partnership firm

June 5, 2023 3345 Views 0 comment Print

ITAT Rajkot held that the capital contribution made by the partner of the firm cannot be subject to the addition in the hands of the partnership firm.

Invocation of deeming provisions of section 50C without referring to Departmental Valuation Officer is unjustified

June 5, 2023 1011 Views 0 comment Print

ITAT Kolkata held that invoking deeming provisions under section 50C and adopting value of property as per Stamp Valuation authority without referring the matter to Departmental Valuation Officer unsustainable. Accordingly, matter restored to jurisdictional Assessing Officer.

ITAT allows Depreciation on crates and bottles

June 5, 2023 2391 Views 0 comment Print

ITAT Delhi held that it is settled principle of law that crates and bottles have been allowed depreciation. Accordingly, the claim of depreciation is allowable.

GST Implications on Transfer of Monetary Proceeds from IVL India to IVL Sweden

June 5, 2023 1248 Views 0 comment Print

Understand the GST implications on transferring monetary proceeds from IVL India to IVL Sweden, as elucidated by GST AAAR Maharashtra.

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