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Search results for: Income tax Act

Delhi ITAT's Order for Mohan Lal Jain

Delhi ITAT: Buy Residential House Within 3 Years from Old House Transfer, Condition for Tax Benefits U/S 54

The New Delhi ITAT after determining that the taxpayer does not file either of the conditions specified in section 54 of the income tax, ruled that no infirmity in the IT authority’s order in refusing the advantage of the deduction of the long-term capital gains to the taxpayer under section 54. The Division Bench of […]

Chennai ITAT's Order for M/s. Dassault Systems Simulia Corp

ITAT Chennai: IT Section 155(14) Can’t Limit the TDS Credit If Income Shown in Return

The Chennai bench of the Income Tax Appellate Tribunal ( ITAT ) held that Section 155(14) of the Income Tax Act, 1961 could not limit the Tax Deduction at Source ( TDS ) credit if the income is correctly shown in the Income-tax Returns. The ITAT bench noted that “once TDS is deducted and deposited […]

Mumbai ITAT's Order for Mukesh Harilal Mehta

Denial of LTCG Tax Exemption Not Allowed Due to Builder’s Error in Apartment Assignment

The tax benefits cannot be refused to the taxpayer because of an error made by the builder in assigning the apartment, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The bench of Rahul Chaudhary (Judicial Member) and Om Prakash Kant (Accountant Member) noted that the petitioner cannot be penalized for the mistake executed […]

Double Taxation is the Biggest Challenge for NRIs

Survey: NRIs Consider Double Taxation as a Significant Challenge When Filing Their ITR

A recent survey has depicted the complexities of tax compliance for NRIs and OCIs. India has the world’s largest overseas diaspora, with nearly 32 million NRIs and OCIs. India’s NRI network witnesses an effective presence in Gulf countries, alongside Singapore, the US, Canada, the UK, and more. SBNRI surveyed a comprehensive investment platform for NRIs […]

Delhi High Court's Order for M/S Paramount Propbuild Pvt. Ltd.

Delhi HC: The Assessing Officer Didn’t Take Factual Steps to Verify the Transactions

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav noted that clause (a) of Explanation 2 of Section 263 of the Act introduces a deeming fiction to the effect that the order passed via the AO will be acknowledged wrong and prejudicial to the interests of the revenue if the order is passed […]

Delhi ITAT's Order for Mandeep Singh Anand

ITAT Delhi: CIT (Appeals) Can’t Include a New Source of Income Without Sending an Enhancement Notice

The Income Tax Appellate Tribunal (ITAT) Delhi issued a significant ruling in the matter of Mandeep Singh Anand Vs ACIT for the authority of the Commissioner of Income Tax (Appeals) (CIT(A)) to add a new source of income without providing an enhancement notice. This blog furnishes a summary of the case and the decision of […]

Major GST Points to Do Before the End of FY 2023-24

Needful Action to Do Regarding GST Before 31st Mar 2024

The past six years have seen more than 1,000 notifications, circulars, and instructions for assesses and adjudicating authorities, therefore opening up the GST law to interpretation by assesses and authorities identical. The same interpretation has furnished an increase to the rising case laws across different judiciaries and writ petitions being filed to various High Courts […]

Delhi ITAT's Order In Case of ITO versus Surender Dalal

AO Failed to Prove Link B/W Tangible Material & Escaped Income, Delhi ITAT Deletes the Re-assessment Order

On discovering that the need of application of mind is not in the instant case, the Delhi ITAT ruled that the reassessment incurred in section 143(3) read with section 147 of the Income Tax Act, 1961, is poor in law and therefore, the re-assessment order is suppressed. ITAT said that no independent application of mind […]

Mumbai ITAT Order for MS Piramal Enterprises Limited

ITAT Considers Business Income from Termination Compensation Received by Piramal Enterprises

Piramal Enterprises faced a setback by categorizing the compensation of Rs. 92.7 crores from termination as ‘business income’ instead of ‘capital gain’, The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) concluded. In the related year, the taxpayer company obtained Rs. 92,76,62,688 from Roche Diagnostics Gmbh ( RDG ) of Germany as per the […]

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