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Search results for: Section 143(3)

Mumbai ITAT's Order In the Case of Karrm Infrastructure Private Limited Vs CIT

Mumbai ITAT: No Reopening Assessment Can Be Done After 4 Years for Non-Filing of GST By Dealer

It was ruled by The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) that no reopening can take place after the expiry of four years from the end of the relevant assessment year unless any income levied to tax has escaped assessment for the reasons of the failure on the taxpayers part to reveal truly […]

Delhi ITAT's Order In Case of Polyplex Corporation Limited Vs DCIT

ITAT Delhi Removes Tax Penalty U/S 271(1)(c) Due to Absence of Wrong Income or Intentional Concealment

The penalty u/s 271(1) (c) of the Income Tax Act, 1961 is deleted by the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) concluding there was no providing of incorrect particulars of income or a deliberate attempt to conceal the income. The present appeal has emerged on the fact that the assessee- […]

Rajkot ITAT's Order for Shri Ketan Prabhulal Dalsaniya

Wife’s Income Taxed, Husband Can’t Be Taxed Again by AO: Rajkot ITAT

While accepting that the income discovered to be belonging to the taxpayer’s wife in scrutiny assessment was duly offered to tax, the Rajkot ITAT condemned the I-T Department from taking the opposite opinion and taxing it in the hands of the assessee according to the foundation that his wife was not functioning any business. The […]

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 […]

Delhi HC’s Order In Case of Bt Global Communications India Pvt. Ltd vs CIT

Delhi HC Questions Dept’s U-Turn on Denying 80IA Benefit in 4th Year of Tax Assessment

The Delhi High Court has ruled that the Principal Commissioner of Income Tax (PCIT) erroneously invoked jurisdiction under Section 263 of the Income Tax Act and made a mistake by reversing course in the fourth assessment year. This led to the denial of the benefits provided by Section 80IA of the Income Tax Act. Justices […]

Allahabad HC's Order for M/S Maa Bhagwati Shiksha Samiti

Allahabad HC: Tax Form 10 Issued After Limitation But Before Assessment Fulfilment Has to Be Evaluated

Form 10 under Income Tax Rules, 1961 supplied after limitation but before completion of assessment has to be considered, Allahabad High Court has stated. M/S Maa Bhagwati Shiksha Samiti, a registered society, obtained its registration (No. 1398/2005-06) under the Societies Registration Act, 1860, in Uttar Pradesh. Its primary objective revolves around charitable endeavours in education, […]

Jaipur ITAT's Order for Isys Softech Pvt. Ltd.

Jaipur ITAT Eliminates Penalty Imposed for Default of Not Deducting TDS on Foreign Remittances

The penalty imposed for the default in not deducting the TDS on the foreign remittances has been removed by the Jaipur Bench of Income Tax Appellate Tribunal (ITAT). The bench of Sandeep Gosain (Judicial Member) and Rathod Kamlesh Jayantbhai (Accountant Member) has followed that the taxpayer has deliberately not bypassed TDS and there is no […]

Ahmedabad ITAT's Order for M/s. Nova Properties Private Limited

Ahmedabad ITAT: Revision Proceedings Start Without DIN is Consider Invalid

The Income Tax Appellate Tribunal (ITAT) in Ahmedabad has ruled that the initiation of revision proceedings without a Document Identification Number (DIN), through issuing a show cause notice and issuing a revision order, is not valid under the law. The ITAT bench, comprising T.R. Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member), noted that […]

Surat ITAT's Order for Preetiben Chhatrasingh Chauhan

ITAT: Not Possible To Issue A Revision Order For Matters By PCIT That Fall Outside The Purview of Limited Scrutiny

The Surat bench of the Income Tax Appellate Tribunal (ITAT) ruled that the revision order, raised by the Principal Commissioner of Income Tax (PCIT) on matters beyond the limited scrutiny, couldn’t be justified. Consequently, the tribunal invalidated the revision order. Preetiben Chhatrasingh Chauhan, the taxpayer, generated income from various sources, including house property, business, agriculture, […]

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