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Search results for: section 54

PB & HR High Court's Order for Munjal BCU Centre Of Innovation And Entrepreneurship, Ludhiana

PB & HR HC: Assessee Not Foreseen to Open I-T Portal Every Time to Observe Dept.’s Activity

The taxpayer is not anticipated to keep the e-portal of the department open all the time to know about what the department is supposed to be doing, Punjab and Haryana High Court ruled. The bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma noted that before any action is carried out, a communication of […]

Mumbai ITAT Order In Case of Dilip B Patel Vs DCIT

ITAT Mumbai Nullifies Assessment Order Due to Lack of Valid Satisfaction Before Giving Notice U/S 153C

The assessment order is been cancelled by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) without recording valid satisfaction before issuing notice under Section 153C of the Income Tax Act, 1961. When a search was performed by the council the taxpayer Dilip B Patel was not searched. But an investigation was performed on […]

Delhi ITAT's Order for Artemis Medicares Services Ltd

Delhi ITAT: Doctors Who Receive Payments Will be Subject to TDS U/S 194J Instead of 192

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) comprising of M. Balaganesh (Accountant Member) and Anubhav Sharma (Judicial Member) has ruled that the payments made to doctors shall be covered by TDS provisions under Section 194J and not Section 192 of the Income Tax Act. Section 194J of the Income Tax Act is pertinent […]

Delhi ITAT's Order for NTL Lemnis India Pvt Ltd

ITAT: TDS is Not Deductible U/S 195 for Expenses Related to Support Services Paid to a Foreign Company

The expense for the management and marketing support services paid to foreign companies is not levied to tax under Fee for Technical Service (FTS) under the India-Netherlands Double Taxation Avoidance Agreement (DTAA) and therefore TDS is not deductible under section 195 of the Income Tax Act, ITAT Delhi ruled. Facts About the Case of NTL […]

Delhi HC's Order for Suresh Kumar Jain

Delhi HC Cancels Order Relating Mismatch in GST ITC Due to Lack of Proper Hearing

The matter of Suresh Kumar Jain Vs Sales Tax Officer Class II Avato & Anr is related to the dispute originating from a Show Cause Notice (SCN) issued under the Central Goods and Services Tax Act, 2017 (CGST Act). The applicant contested the order on 29.12.2023, which disposed of the SCN, and sought a demand […]

Bangalore ITAT Order for Mangalagiri Tulasi

Person to Pay LTCG on Property Sale, Bangalore ITAT Reverses Civil Court Order

The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) asks for re-adjudication concerning Long Term Capital Gain of sold property which was cancelled by the civil court. A petition was filed by the taxpayer Mangalagiri Tulasi before the tribunal against the order passed under section 250 of the Income Tax Act, 1961 for the […]

Madras High Court's Order for Vijaykumar

Madras HC: A Lower GST ITC than the Amount Reflected in GSTR-2A is Clear Evidence of Non-Application

The assessment order is been quashed by the Madras High Court which said that the applicant claimed a lower amount as ITC compared to the amount shown in the auto-populated GSTR 2A return. The ITC has wrongly claimed the ITC, which specifies the non-application of mind. Concerning the interest liability for the late filing of […]

Delhi ITAT's Order for Asha Modern Educational Society

Delhi ITAT Directs the Revenue Authorities to Permit the Exemption Benefit to the Assessee U/S 11 & 12

The Revenue Authorities needed to tax the correct person accurately and will not disallow the eligible deductions on mere technicalities, New Delhi ITAT stressed. The Bench of M. Balaganesh (Accountant Member) and Yogesh Kumar U.S (Judicial Member) followed that “the Revenue has rejected the plea of the Assessee based on mere technicalities and it is […]

Ahmedabad ITAT’s Order for Dhirajlal Savailal Shah

ITAT: TDS Credit Cannot Denied if Sale of Agricultural Property Income Not Reflected in ITR

The Ahmedabad bench Income Tax Appellate Tribunal ( ITAT ) ruled that the Tax Deduction at Source ( TDS ) credit must not be refused if the income from the sale of agricultural property was not declared in the Income Tax Return (ITR). Dhirajlal Savailal Shah, the taxpayer at the time of the AY 2017-18, […]

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