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Search results for: Section 40

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 […]

Delhi High Court's Order for Mehra Jewel Palace Pvt. Ltd.

Delhi HC Allows Assessee To Adduce More Evidence on Work Profile, Qualifications To Avoid I-T Section 40A(2) Discrimination

The Delhi High Court has allowed the taxpayer an opportunity to present suitable evidence—whether in the form of documents or otherwise—to the Assessing Officer. This evidence aims to substantiate the claims made regarding educational qualifications, professional experience, job roles, and specifically the responsibilities carried out by the individuals in question. This is crucial to support […]

Retrospective Amendment Notification

CBIC Released Retrospective Amendment Notification in Section 140 of CGST Act

The Central Board of Indirect taxes and Customs (CBIC) has recently released a notification regarding the retrospective amendment in Section 140 of the CGST Act 2017. This amendment shall come into action retrospectively from 1st July 2017. With it, the ministry finds its way to buy itself in to clear all the pending input tax […]

Mumbai ITAT's Order In Case of Jignesh Chimanlal Jobanputra vs ITO

ITAT Mumbai: IT Addition Can’t Be Deleted Solely Due to Erroneous Section Mention

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled that the addition could not be deleted for the only cause that the section under which the addition is made is cited incorrectly and that it is essential to look into the merits of the case. The bench of Anikesh Banerjee (Judicial Member) and Padmavathy […]

Rajasthan HC's Order for Rais Khan Proprietor of M/s. Kota Metals

Rajasthan HC: The CGST Act States in Section 6(2)(b) That Summons Do Not Imply Commencement of Proceedings

The Rajasthan High Court, Jaipur Bench, ruled that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act. The bench of Justice Pankaj Bhandari and Justice Shubha Mehta noted that the extent of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, since the […]

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 M/s. Prakash Ferrous Industries Private Limited

ITAT Chennai Removes IT Sections 69A and 69C Addition Without Authentic Evidence

The Income Tax Appellate Tribunal (ITAT) Chennai in a ruling has dismissed the appeal by the Revenue (Assistant Commissioner of Income Tax) and the Cross Objections by the assessee, Prakash Ferrous Industries Private Limited, against the order of the Commissioner of Income Tax (Appeals) 18, Chennai on 23.03.2023 for the assessment year 2020-21. The Foundation […]

Punjab And Haryana High Court's Order for M/s Garg Rice Mills

Punjab And Haryana HC: Notice for Limitation Period Extension Under GST Section 168A

The government has received a notice from the Punjab and Haryana High Court regarding a plea that questions the extension of the limitation period under Section 168A of the GST Act. A bench comprising Justice G.S. Sandhawalia and Justice Lapita Banerji has temporarily halted the issuance of final orders in Section 73 cases related to […]

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 […]

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