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Search results for: Income Tax Act

Delhi High Court's Order for Shreyash Retail Private Ltd

Delhi HC Sets Aside Non-Speaking Order, Refusing to Allow LDCs to Deduct 0.01% TDS

In its recent order, the Delhi High Court has invalidated a non-speaking order that rejected the grant of a lower deduction of tax certificate (LDC) allowing for a deduction of 0.01% TDS. The bench, led by Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela, noted that the reasons given by the Respondent/department in […]

Chennai ITAT's Order for Rajamanikam Meerabai

ITAT Permits CG Exemption After Legally Extinguished of Rights of Owners of Property Transfer

The Chennai bench of the Income Tax Appellate Tribunal (ITAT) ruled in favour of granting the capital gain exemption, stating that the transfer of property is considered complete only after the owners’ rights have been extinguished. In the relevant financial year 2005-06, which pertains to the assessment year 2006-07, the assessee Rajamanikam Meerabai sold a […]

MP HC's Order for Jhansi Baran Pathways Pvt. Ltd

MP HC Removes Reassessment Proceedings Under 148A(D) For Amalgamated Entity

The reassessment proceedings executed against the non-existent/amalgamated entity under Section 148 A of the Income Tax Act have been cancelled by the Madhya Pradesh High Court stating that despite being available the other remedy has no bearing on the same cases when the entity has stopped to exist under the amalgamation. There is no independent […]

Chennai ITAT's Order for Trimex Industries Pvt. Ltd

Chennai ITAT: Compensation Payments Are Not Considered Interest U/S 194A for TDS Deduction

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has made a ruling stating that payments made in a compensatory nature should not be considered as interest for the purpose of tax deduction at source (TDS) under Section 194A of the Income Tax Act, 1961. The Assessing Officer (AO) had noticed in the tax […]

Delhi HC's Order for Tirupati Trading Corporation

Delhi HC Invalids Reassessment Order Made Due to a Typographical Error

In a recent judgement, the Delhi High Court set aside the reassessment order under the Income Tax Act 1961. On the typographical error, the reassessment was triggered inadvertently in the account number of the applicant taxpayer.  M/S Tirupati Trading Corporation, the applicant contended the order issued under Section 148A(d) of the Income Tax Act, 1961, […]

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 […]

Delhi HC's Order for Koa Investment Limited

Delhi HC Removes Notice Due to Failure to Provide Clear Explanation for Charges

An income tax notice is been quashed by the Delhi High Court because the Assessing Officer failed to establish any insufficiency in the explanation provided. A writ petition was filed challenging a notice issued under Section 148 of the Income Tax Act, 1961. Additionally, Koa Investment Limited, the petitioner/assessee, contested the Assessing Officer’s decision that […]

Surat ITAT's Order for Preetiben Chhatrasingh Chauhan

ITAT: Not Possible To Issue A Revision Order For Matters By PCIT That Fall Outside The Purview of Limited Scrutiny

The Surat bench of the Income Tax Appellate Tribunal (ITAT) ruled that the revision order, raised by the Principal Commissioner of Income Tax (PCIT) on matters beyond the limited scrutiny, couldn’t be justified. Consequently, the tribunal invalidated the revision order. Preetiben Chhatrasingh Chauhan, the taxpayer, generated income from various sources, including house property, business, agriculture, […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

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