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Search results for: Assessing Officer

Punjab & Haryana HC's Order In The Case Of Harjot Singh V/S Principal Commissioner Income Tax-Central

Assessing Officer Mistakenly Issued Assessment: Punjab and Haryana High Court Validates Revision Order

The Punjab & Haryana High Court upheld the revisional order passed by the Principal Commissioner Income Tax (PCIT) under Section 263 of the Income Tax Act. as the assessment was wrongly passed by the Assessing Officer ( AO ) under Section 44ADA of the Act. The taxpayer Harjot Singh, is an individual who filed his […]

Haryana & Punjab HC's Order In The Case of Jatinder Singh Bhangu V/S Union of India & others

Haryana and Punjab HC: SCN U/S 148 By Assessing Officer Defeats The Object of Faceless Assessment

The Punjab & Haryana High Court while indicating that the scheme of faceless assessment is applicable from the phase of SCN under section 148 as well as 148A, held that notice under section 148 could not be issued via the jurisdictional assessing officer post introduction of the faceless assessment scheme. As SCN has been issued […]

Delhi High Court's Order for M/S Paramount Propbuild Pvt. Ltd.

Delhi HC: The Assessing Officer Didn’t Take Factual Steps to Verify the Transactions

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav noted that clause (a) of Explanation 2 of Section 263 of the Act introduces a deeming fiction to the effect that the order passed via the AO will be acknowledged wrong and prejudicial to the interests of the revenue if the order is passed […]

ITAT Chennai Directs Readjudication as A.O. Didn't Verify Proof

ITAT Chennai: Assessing Officer Didn’t Verify More Proof in Violation of IT Rule 46A

The Income Tax Appellate Tribunal (ITAT), the Chennai bench instructed to adjudicate on the basis of non-verification of further evidence by the Assessing Officer (AO). The assessee filed ITR (Income Tax Return) for the AY 2015-16 on 30/11/2015 showing NIL income and the loss of ₹.7,87,45,865/- in the current year. The AO observed that the […]

Visakhapatnam ITAT's Order for Palla Simhachalam (HUF)

ITAT: Assessing Officer Must Record Satisfaction Before 153C Notice

The taxpayer has filed the appeal towards the Income Tax Appellate Tribunal ( ITAT ), Visakhapatnam Bench, which ruled that the satisfaction is to be recorded by the Assessing Officer (AO), prior to the issue of a notice under section 153C of the Income Tax Act, 1961. The aforesaid observation was made by the tribunal […]

GST Interest Liability is Automatic: Jharkhand HC

Assessing Officers to do Adjudication Proceedings Before GST Interest: JH HC

Jharkhand High Court on Tuesday gave its verdict saying that though the interest liability under section 5 of the Central Goods and Service Tax (CGST) 2017 is computed automatically, the same shall be levied only after the completion of the adjudication proceedings valid under CGST Act 2017. The applicant of the case is a partnership […]

Himachal Pradesh HC's Order in Case of M/s Kundlas Loh Udyog Vs. Union of India and others

Section 226(3) Powers Do Not Allow Recovery Officers to Attach Taxpayer’s Overdraft Accounts: Himachal Pradesh HC

The High Court of Himachal Pradesh rejected the Tax Recovery Officer’s decision to attach the Cash Credit Account, stating that the Cash Credit account or overdraft is capable of being attached under section 226(3) of the IT Act. The High Court clarified the relationship between a debtor and a creditor, stating that a bank does […]

Kerala HC's Order In The Case of Sri. Johnson Koomullil Thomas Versus The Income Tax Officer

Kerala HC Deletes a Tax Order as an IT Officer Didn’t Fulfill Their Responsibility

If the income tax officer who hears the case does not render the decision, it would directed to a breach of the principles of natural justice, Kerala High Court ruled. The bench of Justice Murali Purushothaman has marked that the doctrine ‘he who heard should decide or he who decides should hear’ applies to legal […]

Delhi ITAT's Order for Foundation Co. Canada Ltd

ITAT Delhi: Interest and FTS Income Earned from a Joint Venture Will Be Taxed U/S 195 as Per Order Passed by TDS Officer

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has determined that the Fee for Technical Service (FTS) and interest income received from the joint venture Indian company must be taxed by the directive issued by the Tax Deduction at Source Officer, as per Section 195 of the Income Tax Act, 1961. The taxpayer […]

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