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Judiciary

Disallowance u/s. 14A of Income Tax Act cannot exceed exempt income

May 17, 2023 1857 Views 0 comment Print

ITAT Mumbai held that disallowance made under section 14A of the Income Tax Act cannot extent exempt income earned by the assessee. Accordingly, AO is directed to restrict the disallowance u/s. 14A to the extent of exempt income.

Global operation fees not taxable as FTS under India-UK DTAA

May 17, 2023 840 Views 0 comment Print

ITAT Delhi held that global operation fees cannot be taxed as Fees for Technical Services (FTS) under the provisions of the Act and the India-UK DTAA as it doesn’t satisfy the ‘make available’ clause contained in Article 13(4)(c) of the India-UK DTAA.

Third party statement recorded u/s 132(4) not an incriminating document for addition u/s 153A

May 17, 2023 7143 Views 0 comment Print

ITAT Hyderabad held that statement of a third party already recorded u/s 132(4) of the Income Tax Act cannot be considered as an incriminating document for the purpose of making the addition u/s 153A of the Income Tax Act.

Addition towards unexplained cash deposit unsustainable as creditworthiness and genuineness proved

May 17, 2023 2226 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained cash deposit unsustainable as onus of establishing the creditworthiness and genuineness of the transaction duly proved by the assessee.

Interest on FCCDs is to be computed by applying LIBOR plus 200 points

May 17, 2023 894 Views 0 comment Print

ITAT Hyderabad held that FCCDs are debt hence interest paid/ payable on FCCDs in to be computed by applying LIBOR plus 200 basis points.

Notional interest not taxable as bank statement doesn’t show credit of any interest

May 17, 2023 1155 Views 0 comment Print

ITAT Delhi held that notional interest cannot be taxed as income as bank statement of the foreign bank account doesn’t show that any interest has been credited.

CENVAT Credit on free warranty service provided via dealer duly available to manufacturer

May 17, 2023 546 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit on warranty service provided free of cost during the warranty period through third parties dealer cannot be denied to the manufacturer.

Manual final assessment order without containing DIN is unsustainable in law

May 17, 2023 2838 Views 0 comment Print

ITAT Mumbai held that issuance of manual final assessment order without containing DIN (Document Identification Number) is deemed to have never been issued. Accordingly, the impugned order is unsustainable in law.

Disallowance u/s 36(1)(iii) unjustified as investments made out of interest free funds

May 17, 2023 1272 Views 0 comment Print

ITAT Ahmedabad held that when interest free funds are available with the assessee, it can be said that investments are made out of interest free funds and hence disallowance under section 36(1)(iii) of the Income Tax Act not justifiable.

Director’s Remuneration & Depreciation cannot be disallowed for temporary suspension of business 

May 16, 2023 1428 Views 0 comment Print

Explore the pivotal case of Devkripa Textile Mills vs ACIT (ITAT Jodhpur) where the court addressed disallowances on director’s remuneration, depreciation, and expenses, offering insights for tax compliance.

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