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Search results for: IT Act

Madras HC's Order In Case of Annam Rajasekher Bindu v/s Income Tax Officer and Other

Madras HC New SCN Shall be Issues U/S 148 of the IT Act That Have not Been Raised Earlier

The Madras High Court in a ruling held that a new SCN u/s 148 of the Income Tax Act, 1961 will be issued for the problems not raised before. The department was asked to provide a fresh order u/s 148A(d) after regarding the reply of the taxpayer. A Single bench of Justice Senthilkumar Ramamoorthy held […]

Kerala HC’s Order for Pallathukadavil Ibrahimkutty Abdul Kabeer

Kerala HC: Order to Hold off Implementing the Final Appeal Until Further Notice Under IT Act

Under the Income Tax Act, 1961 the Kerala High Court asked to stay proceedings till the passing of the final order of appeal. Under the Income Tax Act, the applicant already filed an appeal against the revision order. The petitioner’s assessment, Pallathukadavil Ibrahimkutty Abdul Kabeer was completed for the year 2018-19 by order on 15.03.2021. […]

Delhi High Court's Order for Mitsubishi Corporation India P Ltd.

Delhi HC: The Provision U/S 40(a)(i) of the IT Act Cannot Be Applied as Per the DTAA B/W Japan-India

In a ruling in favour of Mitsubishi Corporation India P Ltd, the Delhi High Court ruled that disallowance under section 40(a)(i) of the Income Tax Act, 1961 does not apply concerning the provision of Double Taxation Avoidance Agreements (DTAAs) entered into by India with Japan and the USA. The order passed by the ITAT is […]

Chennai ITAT's Order for Smt. Chandrasekaran Valarmathi & Smt. Rajasekaran Vasanthamalli

Property Bought for Business Use by a Partnership Firm, Section 56(2)(vii)(b)(ii) of the IT Act. Does Not Apply: ITAT

The Income Tax Appellate Tribunal (ITAT), Chennai Bench ruled that Section 56(2)(vii)(b)(ii) Income Tax Act, 1961 shall not be applicable if the property was purchased for business use of a partnership firm. The taxpayer Chandrasekaran Valarmathi is a partner in a firm M/s Chandran Steels, including three other partners of the firm, purchased a specific […]

Rajasthan HC's Order for Bijendra Singh

Rajasthan HC Cancels Show Cause Notice and Proceedings U/S of 148A(b) of IT Act

The Rajasthan High Court set aside the order that was passed against the petitioner on the charge that the income levied to tax for the AY 2015-16 has escaped the assessment under the purview of section 147 of the Income Tax Act 1961. Bijendra Singh, the taxpayer, contended that the show cause notice was premised […]

Bombay HC's Order for Serum Institute of India Pvt Ltd

Bombay HC Cancels Serum Institute of India’s Appeal Challenging 2016 Amendment to IT Act

A petition that the Serum Institute of India Pvt Ltd had filed that contested a 2016 amendment to the income tax act has been dismissed by the Bombay High Court. The bench of Justice K. R. Shriram and Justice Neela Gokhale witnessed that the revision of section 2(24) by the insertion of the impugned sub-clause […]

Delhi HC’s Order for Vishesh Khanna

Delhi HC: Recovery of TDS Deducted by Employer Not Permissible U/S 205 of IT Act

The Delhi High Court has ruled that the Tax Deducted at Source (TDS) by the employer cannot be reclaimed from the person from whom it was deducted, as stated in section 205 of the Income Tax Act, 1961. Vishesh Khanna, the person who filed a Writ of Mandamus, requested that Respondent No. 1 cancel the […]

Kerala HC's Order for Koyambrath Puthiyapurayil Mohammed Kunhi

Kerala HC: SCN Response Time of 4 Days is Considered Invalid as Per IT Act’s Provision

In a significant legal case, the Kerala High Court invalidated the reassessment order, citing a violation of the mandatory provision under the Income Tax Act, of 1961. This violation pertained to the insufficient four-day period allowed for responding to the show cause notice (SCN). Representing the petitioner, Mr S Arun Raj served as counsel, while […]

Mumbai ITAT's Order for V.K. Patel Securities Pvt. Ltd.

MB ITAT: No Defect Notice by CPC If Business Receipts Below Threshold Limit U/S 44AB of the IT Act

The Income Tax Appellate Tribunal (ITAT), the Mumbai bench ruled that the number of aggregate business receipts was below the threshold limit of Rs. 1 crore specified under Section 44AB of the Income Tax Act, 1961 for account audit. Therefore, the panel repealed the defect notice in question and the return filed by the assessee […]

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