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The Uttarakhand High Court has ruled that if a request to reopen a tax assessment under Section 148 of the Income Tax Act is rejected by the appropriate authority, then submitting the same request multiple times is not permitted and lacks legal basis. A division bench including Chief Justice G. Narendar and Justice Subhash Upadhyay […]
The Income Tax Appellate Tribunal (ITAT), Mumbai, has delivered an important ruling on the treatment of Goods and Services Tax (GST) for non-resident taxpayers. According to the tribunal’s decision, GST collected by a non-resident assessee must be excluded from ‘gross receipts’ when determining presumptive income under Section 44BB of the Income-tax Act, 1961. This clarification […]
The Mumbai branch of the ITAT decided to partially support a plea after finding that there was a difference between the income declared in the 26AS Form and the actual income obtained. They supposed that this problem required further research to clarify the facts. The taxpayer, Dattani Construction, a partnership firm, is in real estate […]
The Gujarat High Court has quashed a GST order that had been issued against the entity for failing to intimate the personal hearing, noting that after the issuance of DRC-01, the authority did not provide the date and time of the personal hearing, which was a violation of the principles of natural justice. The court, […]
The Calcutta High Court has ruled that proceedings u/s 153C of the Income Tax Act could not be initiated unless incriminating material of the taxpayer is discovered in a search and both the assessing officers (the Assessing Officer of the searched person, along with the Assessing Officer of the person other than the searched person) […]
The Bombay High Court’s ruling has been kept by the Apex court, which restored the assessing officer’s 100% addition of Rs 20.06 crore as fake purchases u/s 69C, dismissing the Special Leave Petition. The court, post-hearing the counsel and analysing the record, does not discover any reason to interrupt with the findings of the High […]
The reassessment notice issued u/s 148 of the Income Tax Act, 1961, has been quashed by the Bombay High Court, citing that the reassessment notice did not comply with the mandate that the Faceless Assessing Officer only has the jurisdiction to reopen the assessment and not the Jurisdictional Assessing Officer. Also, even international taxation matters […]
The Sikkim High Court said that when the reassessment notice itself is unlawful, which is issued without jurisdiction, or after the time limit specified under the Income Tax Act, the Court can examine the validity of the notice under Article 226, even though an appeal under the Act is available. A Single Bench of the […]
The Income Tax Appellate Tribunal (ITAT) Mumbai Bench has recently ruled that the Assessing Officer (AO) must provide the assessee with the full Tax Deducted at Source (TDS) credit amounting to ₹14,78,140 for the Assessment Year (AY) 2011–12. This decision highlights the importance of correctly applying TDS credits in tax assessments. According to the Tribunal, […]
