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Search results for: Section 143(3)

Delhi ITAT's Order in The Case of Seema Jain vs. DCIT, Central Circle-31

ITAT Delhi Quashes Tax Assessment Due to Incorrect Application of Section 143(3) Instead of Section 153C

The order has been quashed by the Delhi bench of the Income Tax Appellate Tribunal (ITAT) via the Deputy Commissioner of Income Tax (DCIT) for the assessment year (AY) 2021-22, where the assessing officer (AO) had applied Section 143(3) of the Income Tax Act, 1961, rather than the appropriate Section 153C of the Income Tax […]

Delhi ITAT's Order in the Case of Bhartiya Samruddhi Investments and Consulting Services Limited Vs. ACIT

Delhi ITAT Quashes Reassessment, Rules Section 147 Cannot Be Invoked for Mere Change of Opinion

The reassessment of the assessee has been quashed by the Delhi Bench of Income Tax Appellate Tribunal ( ITAT ), which held that an assessment u/s 147 of the I-T Act,1961 cannot be reopened based on mere modification of opinion. Bhartiya Samruddhi Investments and Consulting Services Limited, the appellant-assessee, asserted ₹91,47,928 as ‘sundry advances/assets written […]

Delhi ITAT’s Order In Case of Late Sh. Mahender Kumar Mittal Vs. Income Tax Officer

ITAT New Delhi: No Addition Under Section 41(1) Without Proof of Liability Cessation

The New Delhi bench of the Income Tax Appellate Tribunal (ITAT) carried that unless there is proof to show that the obligation has ceased to exist, no addition under section 41(1) of the Income Tax Act is there and therefore, deleted the addition made by Assessing Officer (AO). A petition has been filed by Shashi […]

Allahabad HC's Order In The Case of Satish Kumar Bansal Huf v/s National Faceless Assessment Centre Nafac And Another

Allahabad HC: As Per IT Section 144B(6), An Individual Hearing is Required to be Held if the Assessee “Requests” It

The Allahabad High Court has ruled that the chance of a personal hearing is obligatory u/s 144B(6)(vii) and (viii) of the Income Tax Act, 1961 when SCN is issued for why assessment may not be completed as proposed. The Court ruled that once the taxpayer asks for a chance of a personal hearing, it becomes […]

Delhi ITAT's Order for Bawa Float Glass Ltd.

ITAT Delhi: Approval Under Income Tax Section 153D is Not Valid if the DIN is Absent

Overview For the matter of Bawa Float Glass Ltd Vs DCIT, the Income Tax Appellate Tribunal (ITAT) Delhi addressed the legal approval granted issue under section 153D of the Income Tax Act lacking a Document Identification Number (DIN). The taxpayer challenged the absence of DIN directing to the important decision via the tribunal. In-depth Examination […]

Kolkata ITAT's Order for Durgapur Society of Management Science

ITAT Kolkata: Educational Income is Exempt from Tax Under Section 10 (23C)(vi)

The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) has noted that income derived from educational activities is eligible for exemption under section 10(23C)(vi) of the IT (Income Tax) Act, 1961. The Durgapur Society of Management Science, a registered educational entity under Section 10(23C)(vi) of the Act, underwent scrutiny for the Assessment Year 2018-19 […]

Gujarat HC’s Order for Dhvanil Hemendra Reshamwala

Gujarat HC Rejects IT Assessment Order Citing Violations of Section 144B

In a legal development, the Income Tax Assessment Order, citing violations of Section 144B of the Income Tax Act was invalidated by the Gujarat High Court. The applicant is an individual taxpayer primarily aimed for the following reliefs: The individual seeking the writ had asserted consistent filing of income tax returns and underwent income assessments […]

Chandigarh ITAT's Order for M/s SPS Realtors Private Limited

Chandigarh ITAT: Can’t Use IT Section 143 & 144 for Assessment After Deadline Has Passed

No assessments could be made under section 143 or 144 of the Income Tax Act post 12 months from the finish of the pertinent assessment year, the Chandigarh bench of the Income Tax Appellate Tribunal (ITAT) observed. The taxpayer company reported a taxable income of Rs. 8,59,050/- in 2012, later assessed at Rs. 12,13,510/ in […]

Kerala HC's Order For P.V. Thomas

Kerala HC Supports Addition Under I-T Section 40 (3) in Lack of Evidence

Under section 40 (3) of the Income Tax Act, 1961 the Kerala High Court kept the addition in the absence of the material proof. The order of the Income Tax Appellate Tribunal, Cochin Bench is been contested by the applicant PV Thomas. The appellant who is a dealer in the used car has filed an […]

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