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Search results for: Section 40

Jharkhand HC's Order in The Case of M/s New Punjab Motor Transport vs. The Commissioner of Income Tax

Jharkhand HC Quashes ITAT Order on Section 40(a)(ia) Based on Overruled SC Precedent

The Jharkhand High Court has overturned a decision made by the Income Tax Appellate Tribunal (ITAT) Circuit Bench in Ranchi. The Court found that the Tribunal’s ruling relied on an earlier case that has since been dismissed by the Supreme Court. Earlier, the whole addition of the Assessing officer has been removed by the tribunal […]

Raipur ITAT's Order in The Case of Nishant Jain vs. The Assistant Commissioner of Income Tax

ITAT Raipur: No Separate Disallowance Under Section 40A(3) of the IT Act When Income is Estimated

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) in a ruling has partly permitted the pleas for multiple assessment years by keeping that where the income is assessed on an estimated basis, separate disallowances like those u/s 40A(3) are unsustainable. The taxpayer, Nishant Jain, a civil contractor working in government infrastructure projects, had […]

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 […]

ISF Urges FM to Reduce GST on Staffing Services to 5%

Budget 2026: ISF Calls for GST Rate Cut on Staffing Services and Section 80JJAA Amendment

As the Union Budget approaches, the Indian Staffing Federation (ISF) has recommended that the Finance Ministry (FM) reduce the GST rate on staffing services from 18% to 5%. It has classified these services as ‘merit services’ and introduced women specific slab U/S 80JJAA of the IT Act. At present, there is a high GST limitation […]

GCCI Seeks Clarification from Centre on Section 234B

GCCI Urges Centre to Clarify IT Act Provisions on Section 234B

A rising number of taxpayers in India reported that they are getting surprising interest demand notices from the income tax department post-filing the updated ITRs. The Gujarat Chamber of Commerce and Industry (GCCI), concerned about the rising grievances, asked the centre to revise the provisions of the Income Tax Act to remove the uncertainty in […]

Nagpur ITAT's Order in The Case of Somalwar Academy Education Societies Employees Co-op vs. DCIT (CPC)

ITAT Nagpur: Section 80P Deduction Can’t Be Denied Solely for Belated ITR Filing

The deduction under Section 80P cannot be denied for belated ITR filing, the Nagpur bench of Income Tax Appellate Tribunal (ITAT) ruled and directed the AO to examine the claim and determine the tax liability. The taxpayer Somalwar Academy Education Societies Employees Co-op. Credit Society Mar submitted its income return for the assessment year under […]

Kerala HC's Order In Case of the Salim Aboobacker vs. ITO

Kerala HC: Section 148A Proceedings Invalid If Income Escaped Is Under ₹50 Lakh and Notice Is Beyond 3-Year Limit

The Kerala High Court ruled that tax proceedings under Income Tax Section 148A are invalid if the income is less than INR 50 lakh and the notice is issued more than three years later. Justice Ziyad Rahman A.A. said that “when the order of the assessing authority is found to be without jurisdiction and hit […]

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