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Search results for: Income tax Act

Bombay HC's Order for Ashok Chaganlal Thakkar

Bombay HC: Agricultural Operation Not Mandatory for Qualification as Agricultural Land

The Bombay High Court, actual carrying on of agricultural operations is not a critical condition for determining that the parcels of land were agricultural lands. The order has been quashed by the bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale and remanded the case for passing the fresh assessment order. The AO […]

Patna HC's Order for Purnendu Shekhar Sinha

Patna HC: Govt & Private Employees Can’t Entitled Same Rules for Leave Encashment Exemption

The Patna High Court ruled that differentiation between government employees and other employees for leave encashment exemption is neither discriminatory nor violative of Article 14 of the Constitution of India. The bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy noted that the legislature must have the freedom to select and classify persons, […]

Bombay HC's Order for M/s. B. Arunkumar Trading Ltd.

Bombay HC: Storage Tanks Can’t Be Consider Either Land & Building, TDS Will Deduct U/S 194I

The respondent (assessee) is required to have deducted tax under Section 194I of the Income Tax Act, 1961, from the storage charges paid by the taxpayer, The Bombay High Court ruled.  The bench of Justice K. R. Shriram and Justice Sharmila U. Deshmukh noted that the storage tanks in question are not eligible either as […]

Jodhpur ITAT's Order for Adhunik Khanan VA Parivahan Theka Sahakari Samiti Ltd

Jodhpur ITAT: TDS Exemption U/S 194C If You Have the Vehicles at Your Disposal, Even If You Don’t Own Them

The Jodhpur Bench of Income Tax Appellate Tribunal (ITAT) ruled that the taxpayer, the legal owner, is not liable for TDS under Section 194C, where a declaration under Section 194C(6) accompanying a PAN is received via the payees who have the vehicle, but they are not registered owners. The bench of S. Seethalakshmi (Judicial Member) […]

Madras HC's Order for M/s.Global Calcium Private Limited

Madras HC: First Consider Relevant Elevants Before Passing a GST Order U/S 73

In the case of Global Calcium (P.) Ltd. v. Assistant Commissioner (ST) [Writ Petition No. 170 of 2024 dated February 01, 2024], the Hon’ble Madras High Court ruled that the Assessing Officer should acknowledge the pertinent elements before passing any order. Thus, the case was remanded back to the Assessing Officer. Facts About Global Calcium […]

Kolkata ITAT's Order for Kalna II CADP Farmers Service Co-Op. Society Ltd

ITAT Kolkata Quashes Penalty U/S 271(1)(c), If Addition Deleted by Appellate Authority

Income Tax Appellate Tribunal (ITAT) Kolkata in a ruling, the case of Kalna II CADP Farmers Service Co-Op. Society Limited vs. ITO has set a crucial precedent concerning penalties under Section 271(1)(c) of the Income Tax Act. The decision tribunal, on April 27, 2023, emphasized that no penalty could be levied under this section if […]

Ahmedabad ITAT's Order for Shri Nilesh Parshotambhai Patel

Ahmedabad ITAT Removes Addition, No TDS Deduction U/S 194C for Land Levelling Costs

The Ahmedabad bench of the Income Tax Appellate Tribunal ( ITAT ) wishes to delete the Income Tax addition since it found that no deduction of Tax Deducted at source ( TDS ) under Section 194C of the Income Tax Act was needed for land levelling costs. The taxpayer in the year under consideration sold […]

Chennai ITAT's Order for M/s. Prakash Ferrous Industries Private Limited

ITAT Chennai Removes IT Sections 69A and 69C Addition Without Authentic Evidence

The Income Tax Appellate Tribunal (ITAT) Chennai in a ruling has dismissed the appeal by the Revenue (Assistant Commissioner of Income Tax) and the Cross Objections by the assessee, Prakash Ferrous Industries Private Limited, against the order of the Commissioner of Income Tax (Appeals) 18, Chennai on 23.03.2023 for the assessment year 2020-21. The Foundation […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

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