Clipped from: https://www.thehindubusinessline.com/economy/supreme-court-holds-section-271c-penalty-inapplicable-on-belated-remittance-of-tds/article66721095.ece This Apex court ruling to settle the air around the tax disputes related to similar cases and act as a breather to the
Category: Income Tax Cases
ITAT grants benefit of CBDT Instruction with regard to Jewellery of Grand Mother
Clipped from: https://www.taxscan.in/itat-grants-benefit-of-cbdt-instruction-with-regard-to-jewellery-of-grand-mother/266863/?utm_source=izooto&utm_medium=push_notifications&utm_campaign=ITAT%20grants%20benefit%20of%20CBDT%20Instruction%20with%20regard%20to%20Jewellery%20of%20Grand%20Mother By Aparna. M – On April 4, 2023 2:00 pm – 2 mins read The Delhi bench of Income Tax Appellate Tribunal (ITAT) granted benefit of Central Board of Direct Tax (CBDT)
Disallowance of expenditure on mere presumption & assumption is unsustainable
Clipped from: https://taxguru.in/income-tax/disallowance-expenditure-mere-presumption-assumption-unsustainable.html DCIT Vs Curosis Healthcare Private Limited (ITAT Jaipur) ITAT Jaipur held that revenue has simply disallowed the expenditure in view of CBDT Circular
Section 143(2) notice is to be issued by AO who completes assessment before due date
Clipped from: https://taxguru.in/income-tax/section-1432-notice-issued-ao-completes-assessment-due-date.html Divya Raghavan Vijayan Vs ACIT (ITAT Mumbai) even though in the order sheet it is written by the ACIT Circle-3 Kalyan that he
👍👍👍SCN cannot be issued on the basis of mere Suspicion
Clipped from: https://taxguru.in/custom-duty/scn-issued-basis-suspicion.html Shree Rishabhdev Marble and Minerals Private Limited Vs Commissioner of Customs (Preventive) (CESTAT Delhi) CESTAT find that the present proceedings before this Court
👍👍👍Appeal cannot be dismissed for delay in filing appeal against an Order not served
Clipped from: https://taxguru.in/custom-duty/appeal-dismissed-delay-filing-order-served.html Anish India Export Vs Commissioner of Customs – Mumbai (Air Cargo Export) (CESTAT Mumbai) CESTAT find that the learned Commissioner (Appeals) has reproduced
Placing reliance on statements unjustified as no opportunity for cross-examination granted
Clipped from: https://taxguru.in/excise-duty/placing-reliance-statements-unjustified-opportunity-cross-examination-granted.html Messrs Growmore Ceramics Pvt. Ltd. Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT Ahmedabad held that placing reliance on the statements unjustified as no
Mere change of opinion not valid for reopening of assessment u/s 148
Clipped from: https://taxguru.in/income-tax/mere-change-opinion-valid-re-opening-assessment-u-s-148-income-tax-act.html CGS-CIMB Securities (India) P. Ltd. Vs CIT (Appeals), NFAC Mumbai (ITAT Mumbai) ITAT Mumbai held that re-opening of assessment under section 148 of
Condonation of delay for condoning huge delay not granted for non-satisfying reasons
Clipped from: https://taxguru.in/income-tax/condonation-delay-condoning-huge-delay-granted-non-satisfying-reasons.html Matrix Sea Foods India Ltd Vs ACIT (ITAT Hyderabad) ITAT Hyderabad held that reasons given in the condonation application for the delay are
4 days to appear in Income Tax Office is inconsistent with mandatory Time prescribed u/s 148A(b): Punjab & Haryana HC sets aside Order
Clipped from: https://www.taxscan.in/4-days-to-appear-in-income-tax-office-is-inconsistent-with-mandatory-time-prescribed-u-s-148ab-punjab-haryana-hc-sets-aside-order/266506/ The Punjab and Haryana High Court (HC) in its recent case set aside the order since the 4 days to appear in Income
TDS Credit in respect of Interest Received from Deceased Wife’s Deposit cannot be Denied to Assessee: ITAT
Clipped from: https://www.taxscan.in/tds-credit-in-respect-of-interest-received-from-deceased-wifes-deposit-cannot-be-denied-to-assessee-itat/266241/ By Aparna. M – On April 1, 2023 12:00 pm – 2 mins read The Cochin Income Tax Appellate Tribunal ( ITAT ) has recently held that the Tax
Reopening of Income Tax Assessment and Recalculation of Capital Gains without fresh Notice u/s 148 Invalid: ITAT quashes proceedings
Clipped from: https://www.taxscan.in/reopening-of-income-tax-assessment-and-recalculation-of-capital-gains-without-fresh-notice-u-s-148-invalid-itat-quashes-proceedings/266255/ The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has recently held that reopening of the Income Tax Assessment of the assessee and recalculation of Capital
Tax Audit (44AB) and Section 44AD and Section 44ADA Comparison
Clipped from: https://taxguru.in/income-tax/tax-audit-44ab-section-44ad-section-44ada-comparison.html The comparison of Section 44AB, 44AD and 44ADA will clarify the position of law after Finance Bill 2023 Section 44AB Applicable To : However
Deduction u/s 54F not deniable on ground of pre-owning of residential house in foreign
Clipped from: https://taxguru.in/income-tax/deduction-u-s-54f-deniable-ground-pre-owning-residential-house-foreign.html Smt. Maries Joseph Vs DCIT (ITAT Cochin) ITAT Cochin held that as per condition mentioned in section 54F deduction is not available if
Delay of 9 years condoned on reasonable cause of non-receipt of intimation
Clipped from: https://taxguru.in/income-tax/delay-9-years-condoned-reasonable-cause-non-receipt-intimation.html M.K. Hotels & Resorts Ltd Vs ACIT (ITAT Amritsar) ITAT Amritsar held that non-receipt of intimation resulted into no action on the part
What to do if rectification request is not considered by Assessing Officer?
Clipped from: https://taxguru.in/income-tax/rectification-request-considered-assessing-officer.html Facts Mr. A received an intimation under Section 143(1) for the relevant assessment year. He realized that the credit of TCS claimed by
–No deemed rent addition for property which is not habitable
Clipped from: https://taxguru.in/income-tax/deemed-rent-addition-property-habitable.html Manindra Mohan Mazumdar Vs ACIT (ITAT Kolkata) CIT(A) while dealing with the assessee’s appeal casually dealt with the issue and in the finding
–Section 153C Assessments based on Invalid Notices are liable to be quashed
Clipped from: https://taxguru.in/income-tax/section-153c-assessments-based-invalid-notices-liable-quashed.html Malik Network & Computer P. Ltd. Vs ITO (ITAT Delhi) One of the controversies in the present case arises towards computation of limitation
👍👍👍👍👍👍👍Fate of section 148 Notices for AY 2013-14 and AY 2014-15 still hanging
Clipped from: https://taxguru.in/income-tax/fate-section-148-notices-ay-2013-14-ay-2014-15-hanging.html Objective The Author in this article discusses the differing views taken by two high courts (exactly opposing views) on the question of limitation as to