Clipped from: https://taxguru.in/income-tax/provisions-rent-governed-section-194-i-cam-charges-section-194c.html PVR Ltd. Vs ACIT (ITAT Delhi) ITAT Delhi held that determination of the rent or CAM are separate and the CAM arrangements are
Category: Income Tax Cases
👍👍👍👍👍👍👍AO cannot shift burden on assessee to explain recipient of inadvertent receipts shown in 26AS
Clipped from: https://taxguru.in/income-tax/ao-shift-burden-assessee-explain-recipient-inadvertent-receipts-shown-26as.html Travelport LP Vs DCIT (ITAT Delhi) ITAT Delhi held that AO cannot put the entire burden on the assessee to show in whose
👍👍👍👍👍HC set aside Section 148A(d) order passed without considering reply
Clipped from: https://taxguru.in/income-tax/hc-set-aside-section-148ad-order-passed-considering-reply.html Ashok Kumar Garg Vs ACIT (Delhi High Court) According to the petitioner, although the amount of alleged bogus purchase bills has been quantified
👍👍👍👍👍Attested copies should be considered as proof of production of document as original documents misplaced
lipped from: https://taxguru.in/service-tax/attested-copies-considered-proof-production-document-original-documents-misplaced.html Wns Global Services Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai) CESTAT Mumbai held that refund claim was rejected on sole ground of non-production
👍👍👍Income Tax Return Filed by A Co-op Society after due Date is invalid – 80P Deduction not allowed: Kerala HC,
Clipped from: https://taxguru.in/income-tax/income-tax-return-filed-coop-society-due-date-invalid-80p-deduction-allowed-kerala-hc.html Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham Vs CIT (Kerala High Court) Disposing an IT Appeal in M/s. Nileshwar Range Kallu Chethu Vyavasaya
👍👍👍Payment made to Doctors for Referring Patient to Assesee is Professional fee, not Referral Fee: ITAT
Clipped from: https://www.taxscan.in/payment-made-to-doctors-for-referring-patient-to-assesee-is-professional-fee-not-referral-fee-itat-read-order/268636/ Top Stories By Aparna. M – On April 11, 2023 8:34 pm – 2 mins read The Ahmedabad bench of Income Tax Appellate Tribunal (ITAT) has recently held that payment made
👍👍👍👍👍Appeal before ITAT having tax effect of less than Rs.50 lakh have to be treated as withdrawn
Clipped from: https://taxguru.in/income-tax/appeal-itat-tax-effect-rs-50-lakh-treated-withdrawn.html ITO Vs Sk. Sahanewaj Ali (ITAT Kolkata) CBDT had modified Circular No. 3 of 2018 dt. 11/07/2018. Further, the CBDT in its circular F. No.
🙏Supreme Court holds Section 271C penalty inapplicable on belated remittance of TDS – The Hindu BusinessLine
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
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 Top Stories 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
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/ Top Stories The Punjab and Haryana High Court (HC) in its recent case set aside the order since the 4 days to appear
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/ Top Stories By Aparna. M – On April 1, 2023 12:00 pm – 2 mins read The Cochin Income Tax Appellate Tribunal ( ITAT ) has recently held that
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/ Top Stories 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
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 : Any
