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The Gujarat High Court in a judgment for the matter of Shyamlal Rupchand Parwani vs. Assistant Commissioner of Income Tax (ACIT), stated that its position on the jurisdictional factors and procedural propriety concerning notices issued u/s 153C of the Income Tax Act, 1961. For taxpayers and the administration of tax law in India, this decision […]
Under Section 153C the Madras High Court rules that the examination is on the grounds of related documents or evidence found through the search. The taxpayer is the owner of S.R.Trust which is the enrolled trust who does charity. Under section 132 a search was done in November 2014 with respect to the managing trustee […]
The assessment order is been cancelled by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) without recording valid satisfaction before issuing notice under Section 153C of the Income Tax Act, 1961. When a search was performed by the council the taxpayer Dilip B Patel was not searched. But an investigation was performed on […]
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 […]
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 […]
The Delhi High Court recently delivered a significant judgment, declaring that an addition made under section 153C of the Income Tax Act is invalid if there is no incriminating material to support it. The appellant, the revenue authority, challenged the common order passed by the Income Tax Appellate Tribunal on 07.12.2017. The Tribunal had rejected […]
The Kerala High Court has upheld the validity of proceedings conducted under Section 153C of the Income Tax Act, emphasizing that there is no mandatory requirement for a Director Identification Number (DIN) in the satisfaction note documented by the Assessing Authority. Justice Dinesh Kumar Singh’s bench has dismissed the writ petition, stating, “It cannot be […]
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) ruled proceedings under Section 153C of the Income Tax Act, 1961 could not be started in absence of incriminating material revealed in the search. While in the assessment proceedings, the AO sees that the taxpayer, A. Gandhimathi has incurred unregistered dealer purchases. The taxpayer would […]
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 […]
