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During quashing an SCN issued via the department for initiation of penalty proceedings under section 270A in a vague manner, a categorical finding of ‘misreporting/ under-reporting’ is essential for the levy of penalty under section 270A, Delhi HC ruled. An order dismissing immunity asserted via taxpayer u/s 270AA and dropping the penalty proceedings under section […]
The income from the reselling of subscription-based products is royalty, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer has sold the digital product as well as all copyrights therein, which squarely drops under the definition of ‘royalty’ both under Article 12 of the Double Taxation Avoidance Treaty (DTAA) between India and […]
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has removed the addition made by the department since the cash deposits made from the taxpayer’s parents collected savings and income from agricultural activities. The bench of Suchitra Kamble (Judicial Member) and Makarand V. Mahadeokar (Accountant Member) noted that when the taxpayer furnishes a plausible explanation […]
The Hyderabad bench of the Income Tax Appellate Tribunal ( ITAT ) remanded the case to the Assessing Officer ( AO ) post remarking that the Income Tax Authorities were unable to discuss the difference in sundry creditors before confirming the addition u/s 41(1) Income Tax Act, 1961. The taxpayer Jonna Iron Mart is a […]
Section 249(4)(b) of the Income Tax Act, 1961 does not apply when there is no question of advance tax payment in the income tax reassessment proceedings, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) held. The taxpayer M/s. Nine Globe Industries Pvt. Ltd. furnished its income return dated 29.09.2012 for AY 2012-13 declaring […]
As per Bombay HC, no tax is to be charged on the transit rent as it is not to be deemed as a revenue receipt. Consequently, no question of tax deduction at source (TDS) is there from the amount leviable via the developer to the tenant. The bench of Justice Rajesh S. Patil has marked […]
On May 27, 2024, two notifications were released by CBDT, presenting higher rates of Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) for individuals and entities who were unable to file their Income Tax Returns (ITR). In Notifications No. 45 and 46/2024, these directives are detailed and specify an important development in […]
Receipts via a foreign entity from the provision of software services to oil companies in India being like business profits are not chargeable in India in the absence of its Permanent Establishment (PE) during the relevant AYs, Delhi ITAT ruled. Section 44BB of the Income Tax Act includes a unique provision for the calculation of […]
The Madras High Court in a ruling held that a new SCN u/s 148 of the Income Tax Act, 1961 will be issued for the problems not raised before. The department was asked to provide a fresh order u/s 148A(d) after regarding the reply of the taxpayer. A Single bench of Justice Senthilkumar Ramamoorthy held […]
