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Search results for: Income tax Act

Finance Bill 2025 Enhances ITR Processing with New Cross-Check

Finance Bill 2025 Updates Section 143(1) for ITR Cross-Check

As a result of the Finance Bill 2025, Section 143(1) of the Income-tax Act, 1961 has undergone significant changes. A new provision has been introduced that allows for the cross-verification of inconsistencies in income tax returns (ITR), improving the process of ITR processing. The income tax department, via the identification of discrepancies between the assessment […]

Gujarat HC's Order In Case of M/s Total Infratech Pvt. Ltd. V/S Assistant Commissioner of Income Tax

Gujarat HC Upholds Assessee’s Right to Interest on Refund Under Vivad se Vishwas Scheme

The assessee is entitled to interest on the refund under the Direct Tax Vivad Se Vishwas Scheme, as ruled by the Gujarat High Court. “it is true that the assessee is not entitled to interest under Section 244A of the Income Tax Act, 1961, however, when the assessee has opted for direct tax for Vivad […]

Cochin ITAT's Order in The Case of The Cardamon Planters Marketing vs. DCIT, Circle TPS

ITAT Cochin Restores Case as CIT(A) Fails to Rule on Merits in Penalty Dispute Over Late Filing of Form 28

The Cochin Bench of the Income Tax Appellate Tribunal (ITAT) restored the case, remarking that the Commissioner of Income Tax (Appeals) [CIT(A)] failed to decide the immunity application concerning the penalty on its merits. The taxpayer, The Cardamon Planters Marketing Co-op Society Ltd., filed an income tax return for the Assessment Year (AY) 2018-19 dated […]

Chennai ITAT's Order in The Case of M/s. Pachiyamman Ethirajammal Rajam vs. The Income Tax Officer

Chennai ITAT Remands Case for Fresh Assessment Over Delayed Form 10BB Audit Report

The Income Tax Appellate Tribunal (ITAT) in Chennai has sent a case back to the Assessing Officer (AO) for reassessment. The decision was made because a public charitable trust operating educational institutions filed its audit report under Form 10BB late. Under sections 12AA and 10(23C)(vi) of the Income Tax Act, 1961, the trust, registered, had […]

GAAR Reassessment Notices May Extend Beyond Current Time Limits

New IT Bill 2025 May Allow Reassessment of Time-Barred Cases Under GAAR

Income tax authorities may issue reassessment notices under General Anti Avoidance Rules (GAAR) for tax years outside the time limits specified for issuing these notices if the new proposal under the Income Tax Bill 2025 is greenlighted. Under current regulations, reassessment notices for under-reported income of ₹50 lakh or more must be issued within five […]

Delhi HC's Order in The Case of SFDC Ireland Limited vs. Commissioner of Income Tax & Another

Delhi HC: AO Must Form Prima Facie Opinion Before Rejecting Section 197 Application for Nil or Lower TDS

The Delhi High Court said that before rejecting the application of the taxpayer u/s 197 of the Income Tax Act 1961 for nil TDS or deduction of tax at a lower rate, the assessing officer should form a presumption view for the taxability of the taxpayer in India. The taxpayer is been permitted under section […]

Kerala HC's Order in The Case of Centre C Edtech Private Limited Vs. Intelligence Officer

Kerala HC: GST Dept Cannot Illegally Seize and Transfer Cash to IT Dept U/S 132A

It was mentioned by the Kerala High Court that the illegal cash seizure via the GST department and handing over to the income tax department is not regulatory u/s 132A of the Income Tax Act. The Division Bench of Justices A.K. Jyasankaran Nambiar and Easwaran S. ruled that “Cash amount seized from the premises of […]

CBDT Circular No. 3/2025 on TDS Deduction from Salaries

CBDT Cir. No. 3/2025: TDS Deduction from Salaries u/s 192 for FY 2024-25

The Central Board of Direct Taxes (CBDT) has released Circular No. 3/2025, citing the income tax deduction from salaries u/s 192 of the Income Tax Act, 1961, for the financial year 2024-25. The same circular specifies the changes introduced via the Finance (No. 2) Act, 2024, Finance (No. 1) Act, 2024, and Finance Act, 2023 […]

Delhi HC's Order In Case of M/S Expeditors International Of Washington Inc vs. Commissioner Of Income Tax International Tax- 1 New Delhi

FTS (Fee For Technical Services) U/S 9(1)(vii) Covers Specialized Knowledge Transfer: Delhi HC

It was ruled by the Delhi High Court that Fee for Technical Services (FTS) as included u/s 9(1)(vii) of the Income Tax Act, 1961 is related to the transfer of ‘distinctive’, ‘specialized’ knowledge, skill, expertise and know-how by a service provider. Therefore a division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar noted that […]

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