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Search results for: Income tax Act

Delhi ITAT's Order In the Case of Sanjeev Kumar Goyal VS ITO

Reasonable Cause is Proven for Failure to Timely File an Audit Report, Delhi ITAT Vacates the Penalty

Section 44AB of the Income Tax Act emits an obligation on the taxpayer to get accounts audited prior to the cited date and provide by that date the report of such audit, New Delhi ITAT ruled. The ITAT while learning that there was reasonable cause for failure in providing the Tax Audit Report in time, […]

SC's Order In Case of Federation of all India Vyapar Mandal versus Union of India & ORS.

SC Denies to Hear Plea Against 45-Day Payment Rule U/S 43B(h)

The Supreme Court has denied looking into the petition that the Micro and Small Enterprises (MSEs) submitted contesting a 45-day payment rule stated in Section 43B(h) of the Income Tax Act. SC replying to the petition recommended the MSEs ask for recourse via the HC when they want to pursue any relief pertinent to the […]

ITAT's Order In Case of Kanjula Rajagopal Reddy Firm VS Income Tax Officer

Vishakhapatnam ITAT: Assessee Can Claim ITC for TCS Paid Even When No TDS Shortfall Exists U/S 194Q

Visakhapatnam ITAT on finding that there is no shortfall of TDS and the taxpayer is eligible to obtain credit of the entire amount, rendered the AO to allot the credit of the whole amount deducted as tax at source under section 194Q of the Income Tax Act. The Bench of Duvvuru Rl Reddy (Judicial Member) […]

The FY25 Budget Session Could Bring Changes to Clause H of Section 43B

FY25 Budget Session May Revise Clause H of Section 43B

In the Income Tax Act a modification that has the objective of stringent the small businesses via assuring timely payments may have mistakenly prevented the buyers from engaging with them. The learned sources with the government discussions indicated a potential amendment in the act at the time of the coming FY25 full budget session in […]

Mumbai ITAT's Order In Case of Jignesh Chimanlal Jobanputra vs ITO

ITAT Mumbai: IT Addition Can’t Be Deleted Solely Due to Erroneous Section Mention

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled that the addition could not be deleted for the only cause that the section under which the addition is made is cited incorrectly and that it is essential to look into the merits of the case. The bench of Anikesh Banerjee (Judicial Member) and Padmavathy […]

Delhi ITAT's Order In Case of Satya Kiran Healthcare Private Ltd. Verses ITO

TDS Deductions Not Evaluated on Payments to Medical Machine Maintenance: ITAT Delhi Orders Fresh Adjudication

A reconsideration is been ordered by the Delhi bench of the Income Tax Appellate Tribunal (ITAT) asking for a new adjudication. The same decision arrives as the submissions for the Tax Deducted at Source ( TDS ) deductions u/s 194J or 194C for payments related to X-ray and CVC machine maintenance were not regarded. The […]

Delhi ITAT's Order In the Case of Oriental Bank of Commerce Vs ACIT

ITAT Delhi Permits to Claim Bad Debts U/S 36(1)(vii) By Oriental Bank of Commerce

Income Tax Appellate Tribunal (ITAT) Delhi’s recent decision in the matter of Oriental Bank of Commerce vs. ACIT (ITAT Delhi) has influential implications for the treatment of bad debts claimed by the bank u/s 36(1)(vii) of the Income Tax Act, 1961. The petition related to the AY 2017-18 and was filed against the order of […]

Rajasthan HC's Order In Case of The Income Tax Officer Versus Rajendra Prasad Vaish

Rajasthan HC: ‘Mens Rea’ is An Essential Element To Establish Delayed ITR Offense

While finding a taxpayer guilty of the offence of filing delayed income tax returns, “mens rea“ is a crucial ingredient, the Rajasthan High Court ruled. In the absence of mens rea, an accused could not be held guilty, and his conviction u/s 276 CC of the Income Tax Act cannot be supported, the bench of […]

Mumbai ITAT's Order In Case of Shri Ajit Chandrashekar Dighe Vs DCIT

ITAT Mumbai: Form 16 or 26 AS Important for Claiming TDS Credit

The Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) demanded re-adjudication, commenting that either Form 26AS or Form 16 is crucial to claim the Tax Deducted at Source ( TDS ) credit. The taxpayer claimed TDS amounting to Rs.10,45,439 was deducted by the employer i.e. M/s. Nirmal Lifestyle Ltd. from salary u/s […]

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