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Search results for: Section 143(3)

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, […]

Hyderabad ITAT's Order for Smt. Madhu Devi

ITAT Hyderabad: Flat Ownership for at Least Three Years is Needed to Claim LTCG

Without owning flats for at least three years the long-term capital gain could not be claimed, the Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) ruled. PCIT is been justified in invoking the provisions of Section 263 of the IT (Income Tax) Act. as the taxpayer without holding the 7 flats for three years from […]

Hyderabad ITAT's Order for Smt. Madhu Devi Jain

Hyderabad ITAT: Capital Gain Deduction U/S 54F Not Applicable Without Owning Flats for Atleast 3Yr

The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) has ruled that in order to claim a capital gain deduction under Section 54F of the Income Tax Act, 1961, it is essential to retain ownership of residential flats for a minimum period of three years. The taxpayer in question is an individual with income […]

Delhi HC's Order for Azure Retreat Pvt Ltd

Delhi HC Permits Travel Expenses as It is Related to Business and Not Personal by Directors

The Delhi High Court has ruled that the directors’ travel expenses were incurred for business purposes of the company. In this case, the bench of Justice Rajiv Shakdher and Justice Girish Kathpalia observed that there was no evidence presented by the Assessing Officer (AO) to establish that these expenses were of a personal nature. Consequently, […]

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 […]

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