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Search results for: Income Tax Act

The IT Portal Enables Direct Submission of Rectification Applications U/S 154 to the AO Online

IT Portal New Feature: Request to AO Seeking Rectification

A new feature has been launched by the Income Tax Department on its e-filing portal to allow rectification requests to the AO for incorrectly filed ITRs. This option enables taxpayers to submit rectification applications for assessment orders issued by the AO under Section 154 of the Income Tax Act, 1961, directly to their Assessing Officer […]

Surat ITAT's Order in the Case of Yogesh Kumar Chandrakant Jariwala vs. Income Tax Officer

Cash Deposits During Demonetization Not Fully Unexplained: Surat ITAT Upholds 20% Additions

The Surat Bench of Income Tax Appellate Tribunal (ITAT) carried out that the cash deposits made in the demonetization of business income could not be regarded as unexplained cash deposits. Even after that, the tribunal maintained that 20% of the additions were not true as the taxpayer could not verify the source. The taxpayer Yogesh […]

Delhi HC's Order In Case of Subhash Chander Dabas vs. Assistant Commissioner of Income Tax

Delhi HC Quashes Reassessment Proceedings U/S 148 Due to Procedural Lapses and Lack of Valid Grounds

The Delhi High Court in a ruling struck down reassessment proceedings u/s 148 of the Income Tax Act, 1961, citing procedural lapses and the absence of valid grounds. Subash Chander Dabas the applicant proceeded to the High Court against a reassessment order passed via the Assistant Commissioner of Income Tax for the 2012-13 assessment years(AY) […]

Delhi ITAT's Order in the Case of Bhawani Castings P. Ltd. vs. Deputy Commissioner of Income Tax

ITAT Delhi Quashes Reassessment Over Discrepancy Between Reopening Reasons and Additions

The Income Tax Appellate Tribunal (ITAT), Delhi Bench set aside reassessment proceedings, citing inconsistencies between the grounds for reopening and the subsequent additions. Bhawani Castings P. Ltd., the appellant, submitted its income tax return for the Assessment Year (AY) 2018-19 on 28.09.2018, stating a loss of ₹12,52,594. The AO issued a notice following Section 148A(b) […]

Kerala HC's Order in the Case of N.Bijon vs. Income Tax Officer

Kerala HC Rules Notice Issued to Deceased Person Invalid, Legal Heirs’ Participation Cannot Validate Proceedings

As per Kerala High Court, it mentioned that the notice against a dead person is not true and the participation of the statutory heirs of the deceased in the proceedings doesn’t make it legal. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar noted that “the consent of the parties cannot confer jurisdiction […]

Bombay HC's Order in Case of Chamber of Tax Consultants vs. Director General of Income Tax (Systems) & Ors.

Bombay HC Orders CBDT to Extend ITR E-Filing Deadline, Affirms Section 87A Rebate as a Substantive Right

The Bombay High Court in development has asked the Central Board of Direct Taxes ( CBDT to extend the due date to file the Income tax returns to January 15, 2025, following a Public Interest Litigation ( PIL ) filed via The Chamber of Tax Consultants. A division bench Chief Justice Devendra Kumar Upadhyaya and […]

Ahmedabad ITAT's Order in the Case of Vardhabhai Jethabhai Patel vs The Income Tax Officer

Ahmedabad ITAT: Section 271B Penalties Only Apply for Non-Audits U/S 44AB, Not for Late Submission of Audit Reports

As per the Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT), it said that Section 271B penalty of the Income Tax Act, 1961 is applicable merely when the accounts are not audited as mandated u/s 44AB not just for the late submission of the audit report. The taxpayer Vardhabhai Jethabhai Patel, is an individual […]

Delhi ITAT's Order In the Case of Kamal Sharma vs. DCIT

Delhi ITAT Cancels Assessment Order for AY10 Due to Jurisdictional Error Under Section 153C

The assessment for Assessment Year(AY) 2009-10 has been set aside by the Delhi Bench of Income Tax Appellate Tribunal (ITAT) as of the jurisdictional error u/s 153C of the Income Tax Act,1961. The petitioner/taxpayer Kamal Sharma, has contested the plea against the order on 27.02.2023 passed by the Commissioner of Income Tax(Appeals)[CIT(A)] for the AY […]

Delhi HC's Order in the Case of Jackson Square Aviation Ireland Limited vs. Assistant Commissioner of Income Tax Circle Int Tax 2(1)(2)

Delhi High Court: Final Assessment U/S 143 Invalid if Pending Objections Before DRP Are Ignored

As per the Delhi High Court, a Final Assessment order passed via the Income Tax Authorities u/s 143 of the Income Tax Act, 1961 is not sustainable, if it is passed in ignorance of pending objections before the Dispute Resolution Panel. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela […]

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