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Income Tax - Highlights / Catch Notes

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The Appellate Tribunal held in favor of the assessee regarding ...


Appellate Tribunal favors assessee on prior period expenses, disallows demurrage disallowance, upholds interest charge under sec 234C.

June 28, 2024

Case Laws     Income Tax     AT

The Appellate Tribunal held in favor of the assessee regarding addition towards prior period expenses, citing consistency in previous rulings and emphasizing the assessing officer's obligation to consider the status as a whole. The Tribunal rejected the disallowance u/s 40(a)(ia) for demurrage charges, noting the nature of payments to foreign shipping companies and applicability of relevant Board Circular. TDS credit was denied initially due to non-inclusion in Form-26AS, but the Tribunal referred to CBDT Circular allowing credit based on original Form-16A submission, directing verification by the assessing officer. The Tribunal upheld the charging of interest u/s 234C, citing the lack of provision for waiver despite financial restructuring.

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