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The non-filing of the returns even after the receipt of the assessment order is fatal for the taxpayer, Kerala High Court ruled. It was noted by the bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. that the same might be correct that the respondents did not furnish a formal notice as needed […]
In the Modi 3.0 regime, Finance Minister Nirmala Sitharaman will present her first budget on July 23 in Parliament. It will be her 7th straight budget presentation with an interim one presented in February this year. Taxpayers, particularly those in the middle class, are anticipating the Modi government’s tax relief measures with just a fortnight […]
The Karnataka High Court in a judgment quashed the criminal proceedings alleging a fake ITR with a bogus Chartered Accountant (CA) seal, mentioning jurisdictional problems. The petition was being filed contesting the enrollment of a First Information Report which has culminated in the filing of a charge sheet. Taxpayer No.1 Vidya Sachitanand Suvarna was a […]
If the income tax officer who hears the case does not render the decision, it would directed to a breach of the principles of natural justice, Kerala High Court ruled. The bench of Justice Murali Purushothaman has marked that the doctrine ‘he who heard should decide or he who decides should hear’ applies to legal […]
The Central Board of Direct Taxes (CBDT) in a move to ease the process of issuing the notices u/s 148 of the Income Tax Act, 1961, has issued updated guidelines via F.No.299/10/2022-Dir(Inv.III)/1522 on June 26, 2024. Such guidelines are set to draw clarity and consistency in managing the matter concerned with the income that has […]
It was ruled by The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) that no reopening can take place after the expiry of four years from the end of the relevant assessment year unless any income levied to tax has escaped assessment for the reasons of the failure on the taxpayers part to reveal truly […]
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) sets aside income tax reassessment completed without furnishing a copy of the reasons. The Tribunal found that the Commissioner of Income Tax (Appeals)[ CIT(A) ] had not regarded the adjournment request of the taxpayer as neither additional submission nor legal grounds / additional grounds assailed […]
It was ruled by the Calcutta High Court that cellular mobile service providers are not obliged to deduct the tax at source (TDS) on income received by distributors/franchisees from customers. The bench of Justice Surya Prakash Kesarwani and Justice Rajarshi Bharadwaj has relied on the Supreme Court’s decision in the case of Bharti Cellular Limited […]
The Income Tax Appellate Tribunal (ITAT) of Bangalore in its judgment addressed the problem of whether the payments made via Herbalife International India Pvt. Ltd. to its associated enterprise (AE) abroad are authorized as “Fees for Technical Services” (FTS) under Indian tax laws and the India-USA Double Taxation Avoidance Agreement (DTAA). The case, Herbalife International […]