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Search results for: under Section 263

Mumbai ITAT’s Order for Virendra Bhavanji

Mumbai ITAT: Right to Sue Damage Comes Under Tax-Exempt Capital Receipt

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that damage related to the right to sue is considered a capital receipt and is not subject to taxation. The bench, comprising Amit Shukla (Judicial Member) and Amarjit Singh (Accountant Member), observed that Section 6 of the Transfer of Property Act explicitly outlines […]

Allahabad HC's Order for M/S M.L. Chains

Allahabad HC: INR 10K Penalty on Tax Authority for Cancellation Earlier Order U/S 263

The Allahabad High Court on Wednesday imposed a fine of Rs. 10,000 on an Income Tax Department officer for not adhering to the natural justice while terminating the previous Assessment Order and initiating fresh proceedings under Section 263 of the Income Tax Act, 1961. The petitioner’s assessment was conducted under Section 143(3) of the Income […]

ITAT's Order for Giraffe Developers Pvt Ltd

ITAT: Correlated Party Transaction Excluded from Specified I-T Section 92BA

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT), ruled that a domestic transaction through an affiliated party does not a described domestic transaction under section 92BA. The petitioner, Giraffe Developers Pvt Ltd has a construction business. While in the investigation assessment, the assessing officer assessed the total income of Rs NIL post to set […]

Delhi ITAT's Order for M/s. Plaza Cable Industries Ltd

Delhi ITAT Rejects Order As IT Section 147 Not Alternative to 263

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) ruled that Section 147 is not an option to Section 263 and suppresses assessment order u/s 147 with no jurisdiction. The petitioner, M/s. Plaza Cable Industries Ltd. furnished its ITR showing a loss of Rs.7,06,97,714 and the assessment was chosen for the investigation. Beneath section 143(3) […]

Hyderabad ITATs Order Regarding U/S 80IA (4)

ITAT Hyderabad: Deduction Under Section 80IA (4) Given in 1st Year Can’t be Repudiated

The Income Tax Appellate Tribunal (ITAT), Hyderabad Bench passed a ruling that the deduction as per section 80IA(4) that is granted in the first year could not be denied in the subsequent years until and unless there is a change in the original/initial terms and conditions. The assessee company, K. Raheja IT Park, which is […]

Holiday Homes Taxable as Other Income

Proceeds from Holiday Home Taxable under Other Sources: ITAT

The Income Tax Appellate Tribunal (ITAT), Kolkata, has ruled that proceeds from a holiday home, owned by a co-operative credit society, will be taxable under Income from Other Sources head of the Income Tax Act 1961Get to know complete guide of TDS provisions under income tax act 1961 at here. Also, we include several topics […]

Company Name Restoration Procedure

Company Name Restoration Procedure Under Register of Companies

As per section 248(1) of the Companies Act, the Registrar holds the power to remove the name of the company from the register of companies by sending a legal notice in writing with the help of Form STK -1 of Companies Rules 2016 to the company and all its directors at the addresses that are […]

EPCG Scheme Benefits Under GST

Exporters Demanding EPCG Scheme Benefits Under GST Regime

Again the high court’s intervention has been requisitioned by the big section of Indian exporters. This is due to the abbreviation of the benefits of the EPCG (Export Promotion Capital Goods) scheme under the (goods and services tax) GST regime. Under the GST regime, the discontinuation of some of the perks under EPCG scheme led […]

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 […]

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