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Search results for: under Section 263

Delhi ITAT’s Order for Navneet Bhardwaj

ITAT: PCIT Can’t Have Authority to Use Section 263 Under Income Tax for Revision

It was determined that the Principal Commissioner of Income Tax (PCIT) did not have the authority to gather the revisionary requirements of Section 263 of the Income Tax Act, 1961, as determined by the Delhi Bench of the Income Tax Appellate Tribunal (ITAT). Therefore, the order for reassessment for the Assessment Year 2016-17 was overturned. […]

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. […]

Chandigarh ITAT's Order In Case of Manuj Jain HUF verses Pr. CIT

Chandigarh ITAT: Higher Official Can’t Use Revisionary Authority U/S 263 if AO Conducted a Proper Investigation

Finding that the taxpayer operates seasonal trade in hosiery items duly backed by documentary proof, which AO investigated accepting the said transactions and resultant profit has been carried to tax, the Chandigarh ITAT said that the PCIT cannot be allowed to invoke his jurisdiction under section 263 only because he assumes that there is the […]

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 […]

Delhi ITAT's Order for Sarita Gupta

Delhi ITAT: Section 54 Deduction Could’t Disallowed for Not Depositing LTCG In Capital Gain Account Scheme

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) clarified that failing to deposit long-term capital gains (LTCG) into a capital gain account scheme does not warrant disallowance of deduction under Section 54 of the Income Tax Act. Saktijit Dey (Vice President) and M. Balaganesh (Accountant Member) took a meticulous approach in addressing the matter. […]

All Types of Income Tax Assessment

Easy to Understand All Assessments By Income Tax Dept

The Income Tax Department (ITD) uses various methods to assess income. Initially, taxpayers must declare their income, providing accurate and comprehensive information from different sources like salary, business, house property, capital gains, etc. This declaration facilitates the income tax assessment process. After the taxpayer completes and confirms their return, the Income Tax Department (ITD) takes […]

Patna High Court's Order for Satish Kumar Keshri

Patna HC: I-T Section 153A Must be Applied Based on Evidence Disclosed During a Search

At the time of furnishing the essential clarifications for the assessments that are conducted under the Income Tax Act 1961, the Patna High Court said that these assessments should not be arbitrary and must laid on the material proof found at the time of investigation. The division bench of Chief Justice K Vinod Chandran and […]

Mumbai ITAT’s Order for Virendra Bhavanji

Mumbai ITAT: Right to Sue Damage Comes Under Tax-Exempt Capital Receipt

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that damage related to the right to sue is considered a capital receipt and is not subject to taxation. The bench, comprising Amit Shukla (Judicial Member) and Amarjit Singh (Accountant Member), observed that Section 6 of the Transfer of Property Act explicitly outlines […]

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