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Search results for: under Section 263

All Types of Income Tax Assessment

Easy to Understand All Assessments By Income Tax Dept

The Income Tax Department (ITD) uses various methods to assess income. Initially, taxpayers must declare their income, providing accurate and comprehensive information from different sources like salary, business, house property, capital gains, etc. This declaration facilitates the income tax assessment process. After the taxpayer completes and confirms their return, the Income Tax Department (ITD) takes […]

A Simple Guide to Section 161 Under GST Law

Overview of GST Section 161 for Rectification of Errors

What is GST Section 161? Section 161 of the CGST Act, 2017 states the rectification of mistakes or errors that are recognized from the records. It mentions that the authority responsible for issuing decisions, orders, summons, notices, or certificates may rectify any mistake that is found in the records in such documents. These rectifications are […]

Patna High Court's Order for Satish Kumar Keshri

Patna HC: I-T Section 153A Must be Applied Based on Evidence Disclosed During a Search

At the time of furnishing the essential clarifications for the assessments that are conducted under the Income Tax Act 1961, the Patna High Court said that these assessments should not be arbitrary and must laid on the material proof found at the time of investigation. The division bench of Chief Justice K Vinod Chandran and […]

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 […]

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