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Search results for: Income tax Act

Delhi ITAT's Order In Case of Vishram Sahakari Awas Samiti Limited Vs ITO

No Addition with Explanation of 3 to Section 147: ITAT Delhi Deletes Order

The assessment order is been quashed by the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) since no addition was incurred based on the reason to believe recorded by the Assessing Officer ( AO ) for reopening the assessment u/s 148 of the Income Tax Act, 1961. CIT(A) based on the points […]

Federation of All India Vyapar Mandal Challenges Section 43B(H) in SC

Vyapar Mandal Files A Petition Against IT Section 43B(H) in SC

The Federation of All India Vyapar Mandal has filed a petition in the Supreme Court against Section 43B(H) of the Income Tax Act. The same newly introduced provision, part of the Finance Act 2022, limits Micro and Small Enterprises (MSEs) from extending credit to buyers beyond 45 days. Any buyer surpassing the same limit encounters […]

Bombay HC's Order In Case of Kalpita Arun Lanjekar Versus IT Officer

Bombay High Court Deletes Order Against Wife When the Alleged Investment Was Done by Her Husband

A reassessment order against a housewife when the alleged investment was made by her husband has been quashed by the Bombay High Court. The bench of Justice K. R. Shriram and Justice Neela Gokhale has noted that “We also have to notice that, surprisingly, the Principal Chief Commissioner of Income Tax has also accorded sanction […]

Madras HC's Order for Ravikumar

Late ITR Filing Delays TDS Refund: Madras HC Instructs to Submit Application U/S 119(2)

An application under Section 119(2) of the Income Tax Act, 1961 is directed by the Madras High Court to be submitted related to the refund of TDS related to compensation from a Motor Accident Claims Tribunal (MACT). The delay in filing Income Tax Returns (ITRs) had impeded this process. The applicant for the case asks for […]

Madras High Court's Order for Ramco Cements Limited

Madras HC: Order Handed by Directing to IT Section 144(C)(1) to be Construed Primarily as a Draft Assessment

Madras High Court in a significant ruling, observed that the order passed referring to Section 144(C)(1) of the Income Tax Act, 1961 is to be construed only as a draft assessment order. The petitioner’s case is that the petitioner filed an income return dated 09.03.2022 and subsequently filed revised returns dated 31.03.2022. Since variation in […]

Be Ready to Follow New MSME Payment Rules from April 1

MSME 45 Days Payment Rule from 1st April 2024, Confirmed by FM

The government of India in a measure to support the financial health of micro, small, and medium enterprises (MSMEs) in India, announced the enactment of a strict rule requiring payments to MSMEs to be settled within 45 days. Tax penalties on the due amount shall be levied if companies fail to follow the said rule. […]

Delhi ITAT's Order for Artemis Medicares Services Ltd

Delhi ITAT: Doctors Who Receive Payments Will be Subject to TDS U/S 194J Instead of 192

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) comprising of M. Balaganesh (Accountant Member) and Anubhav Sharma (Judicial Member) has ruled that the payments made to doctors shall be covered by TDS provisions under Section 194J and not Section 192 of the Income Tax Act. Section 194J of the Income Tax Act is pertinent […]

Pune ITAT's Order for Kothari Wheels

Pune ITAT Supports Disallowance for Late Deposit of PF & ESIC U/S 36(1)(va)

Kothari Wheels filed an appeal against the order of the CIT(A) concerning the disallowance of late deposit of Employees’ shares of PF and ESIC has been supported by ITAT Pune. Throughout the AY 2018-19, the CPC, Bengaluru made a disallowance of Rs. 93,37,905/- because of the late deposit of employees’ share of PF and ESIC […]

Delhi ITAT's Order for NTL Lemnis India Pvt Ltd

ITAT: TDS is Not Deductible U/S 195 for Expenses Related to Support Services Paid to a Foreign Company

The expense for the management and marketing support services paid to foreign companies is not levied to tax under Fee for Technical Service (FTS) under the India-Netherlands Double Taxation Avoidance Agreement (DTAA) and therefore TDS is not deductible under section 195 of the Income Tax Act, ITAT Delhi ruled. Facts About the Case of NTL […]

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