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Search results for: Assessing Officer

Bangalore ITAT's Order In the Case of Home of Peoples Empowerment Foundation vs. ITO

ITAT: Medical Certificate is Valid Proof for Condoning Assessee’s Delay in Filing Tax Audit Reports

Income Tax Appellate Tribunal (ITAT), Bangalore in a case where the appeal of the taxpayer was permitted by considering the Medical Certificate as adequate evidence for condonation of taxpayer’s filing delay of the audit report. The appellant Home of Peoples Empowerment Foundation has submitted an appeal against the impugned order of the income tax officer. […]

Delhi ITAT's Order in The Case of Seema Jain vs. DCIT, Central Circle-31

ITAT Delhi Quashes Tax Assessment Due to Incorrect Application of Section 143(3) Instead of Section 153C

The order has been quashed by the Delhi bench of the Income Tax Appellate Tribunal (ITAT) via the Deputy Commissioner of Income Tax (DCIT) for the assessment year (AY) 2021-22, where the assessing officer (AO) had applied Section 143(3) of the Income Tax Act, 1961, rather than the appropriate Section 153C of the Income Tax […]

Bangalore ITAT's Order In the Case of Deccan Charters Pvt. Ltd. vs. DCIT

Bangalore ITAT Cancels Disallowance of Interest-Free Advances to Sister Concern of Assessee u/s 36(1)(iii)

The Bangalore Bench of the Income Tax Appellate Tribunal ( ITAT ) in a ruling quashes the disallowance u/s 36(1)(iii) of the Income Tax Act, 1961, on interest-free advances provided to the assessee’s sister concern. For the case when the taxpayer Deccan Charters Pvt. Ltd., a company in the aviation services business based in Bengaluru […]

Punjab and Haryana HC's Order in the Case of Anju Arora vs. Union of India and others

Punjab and Haryana HC Nullifies IT Notices, Emphasizes Statutory Provisions Over Tax Authority Circulars

The High Court of Punjab and Haryana, in a ruling, invalidated tax notices issued to the taxpayer, stressing that circulars along with tax authorities guidelines could not override the legal provisions of the Income Tax Act, 1961. The petitioner-assessee Anju Arora, filed a writ petition contesting the issuance of notices and orders by the Jurisdictional […]

No TDS on Interest Earned from Savings Bank Account Deposits

TDS Rules on Interest Earned from Savings Bank Accounts

There should be a Tax deduction at source (TDS) on the interest exceeding a specific level earned on the fixed deposits. W.e.f 1 June 2015 recurring deposits have also been brought under the net of TDS. However, no TDS is there on interest made from a savings account of an individual or a Hindu Undivided […]

Delhi ITAT's Order In Case of Vineet Gupta vs ACIT

ITAT: Working Beyond Banking Hours Is a Likely Violation of Rules, But There Is No Basis for Assuming Additional Income

The Delhi ITAT has removed the AO addition in the absence of any related proof, which was only based on the assumption and not on any material recovered in the investigation. ITAT mentioned that the taxpayer/employee undertaking overtime after the finish of working hours may be counted as a breach of banking rules, however, it […]

J&K HC Order in The Case of Commissioner of Income Tax V/S J & K Power Development Corporation Limited

J&K HC: Tax Penalty Notices Under IT Section 271(1)(c) Must Specify Reasons

The Jammu and Kashmir and Ladakh High Court in a case has cited that the notice to a taxpayer offering the levying of the penalty u/s 271(1)(c) of the Income Tax Act, 1961 should cite the reason for levying the penalty. It was carried that it is required to be quoted whether the taxpayer is […]

Ahmedabad ITAT's Order in the Case of The Sankheda Jetpur Pavi Taluka Ginning Pressing Cotton Sale Co-op. Vs. Principal Commissioner of Income Tax-3

ITAT Upholds Income Tax Section 80P, Affirming Its Role in Promoting Co-Operative Societies

It was carried that the Income Tax Appellate Tribunal (ITAT) carried the provisions of section 80P of the Income Tax Act, confirming its role in boosting the growth of cooperative societies. The ruling was created in the appeal related to the AY 2015-16 in which the Principal Commissioner of Income Tax (PCIT) had modified an […]

Gujarat HC's Order In Case of Amee Mahasukhlal Parekh as Lr of Late Mahasukhlal Navnidhlal Parekh vs. ITO

Gujarat HC: IT Section 68 Does Not Apply if There is No Clear Declaration of Amount in the Bank Statement

It was mentioned by the Gujarat High Court that there cannot be any income escapement from the taxpayer if there is no unexplained amount in the bank statement on record. The Bench of Justice Bhargav D. Karia and Mauna M. Bhatt noted that “the reason given by the Assessing Officer for alleged escapement of Rs.3,25,00,000/- […]

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