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Search results for: Income Tax Act

Ahmedabad ITAT's Order in the Case of Kokila Cotton Export Ltd vs. The A.C.I.T., Circle-2(1)(2)

ITAT Orders Fresh Assessment in Case Involving Disallowance of Commission Payments for Non-Deduction of TDS U/S 40(a)(ia)

The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) asked for a fresh assessment for a matter that engages the disallowance of commission payments for non-deduction of TDS u/s 40(a)(ia) of the Income Tax Act,1961, acknowledging the proof furnished under rule 29 of the ITAT rules which was unavailable as of the financial issues along […]

Ghanyashyam Anil Dhanani

SC Overturns HC Order on Section 148A(b) Notice to Deceased, Shifts Onus to Legal Representatives

An Order passed by the Bombay High Court regarding the issuance of Notice under Section 148A(b) of the Income Tax Act, 1961 to the legal representatives of a deceased taxpayer has been set aside by the Supreme Court of India. A Civil Appeal was instituted to the Supreme Court by Ghanyashyam Anil Dhanani concerning a […]

Bangalore ITAT's Order in Case of Samsung R&D Institute India vs. JCIT

Bangalore ITAT: Addition Made by AO U/S 28(iv) Unjustified for Returned or Destroyed Test Assets Determine by MAP

The Income Tax Appellate Tribunal ( ITAT ), Bangalore in a case carried that no addition may be made by an Assessing Officer ( AO ) u/s 28(iv) of the Income Tax Act, 1961 in the case that imported assets were furnished to the taxpayer free of cost, exclusively for testing which was either returned […]

Delhi ITAT's Order in the Case of Cheil India Private Limited vs. DCIT, CIRCLE 4(2)

ITAT Delhi Allows Mandatory CSR Expenditure by Cheil India Private Limited Under IT Section 80G

ITAT Delhi In the matter of Cheil India Private Limited vs. DCIT, addressed the disallowance of a ₹2.57 crore deduction asserted u/s 80G of the Income Tax Act, 1961, for CSR expenditures. The deduction has been refused by the National Faceless Assessment Centre (NFAC) reasoning that CSR expenses as obligated u/s 135 of the Companies […]

Karnataka HC's Order in the Case of Varaha Builders vs. The Income Tax Officer

Karnataka HC Quashes IT Notice U/S 148, Allows Petitioner to Submit Reply for Bona Fide Omission

The Karnataka High Court in a ruling has quashed the income tax notice u/s 148 of the Income Tax Act, 1961 and granted the applicant an opportunity to provide the answers to the income tax department as the omission was due to bonafide causes. The writ petition in this matter was furnished via the applicant, […]

Punjab and Haryana HC's Order In the Case of Shikhar Gadh vs. Income Tax Officer

Punjab and Haryana HC Cancels I-T Notice Without Implementing Faceless Assessment U/S 144B

The High Court of Punjab & Haryana in a case has set aside the income tax notice issued and proceedings initiated without performing the faceless assessment under section 144B of the Income Tax Act, 1961. The petitioner Shikhar Gadh cited that the problem is pertinent to the existing petition stands examined and concluded by the […]

Delhi HC's Order in Case of National Highway Authority vs. Commissioner of Income Tax (TDS)

Delhi HC: Capital Grant Subsidy by NHAI Not Subject to TDS Deduction Under Section 194C

The Delhi High Court, ‘capital grant subsidy’ which may be extended by the National Highways Authority of India to its contractors is not accountable to TDS deduction u/s 194C of the Income Tax Act, since such grant cannot be construed as payment for a “work”. Deduction of tax at source (TDS) is needed under section […]

Kerala HC's Order In Case of Federal Bank Ltd vs. Additional Assistant Commissioner of Income Tax

Kerala HC: Failure to Consider Assessee’s Request for Personal Hearing Violates Principles of Natural Justice

It was ruled by the Kerala High Court that the income tax authorities through not taking into account a request for a personal hearing have breached the norms of natural justice. It was marked by Justice K. Babu that as of the same breach, the orders have been passed without considering the request of the […]

Calcutta HC's Order in Case of Gpt Sons Pvt Ltd vs. Principal Commissioner Of Income Tax Central 2 Kolkata

Calcutta HC Rejects Application of IT Section 292B to Scrutiny Notice Issued in Amalgamating Company’s Name

Scrutiny Notice Was Issued In Amalgamating Company’s Name Despite Dept Knowing Of Amalgamation: Calcutta HC Declines To Apply S.292B Of Income Tax Act The Calcutta High Court despite the Assessing Officer being aware of the company’s amalgamation has denied applying Section 292B of the Income Tax Act, 1961 to a scrutiny notice issued in an […]

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