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Search results for: under Section 263

Holiday Homes Taxable as Other Income

Proceeds from Holiday Home Taxable under Other Sources: ITAT

The Income Tax Appellate Tribunal (ITAT), Kolkata, has ruled that proceeds from a holiday home, owned by a co-operative credit society, will be taxable under Income from Other Sources head of the Income Tax Act 1961 Get to know complete guide of TDS provisions under income tax act 1961 at here. Also, we include several […]

Company Name Restoration Procedure

Company Name Restoration Procedure Under Register of Companies

As per section 248(1) of the Companies Act, the Registrar holds the power to remove the name of the company from the register of companies by sending a legal notice in writing with the help of Form STK -1 of Companies Rules 2016 to the company and all its directors at the addresses that are […]

EPCG Scheme Benefits Under GST

Exporters Demanding EPCG Scheme Benefits Under GST Regime

Again the high court’s intervention has been requisitioned by the big section of Indian exporters. This is due to the abbreviation of the benefits of the EPCG (Export Promotion Capital Goods) scheme under the (goods and services tax) GST regime. Under the GST regime, the discontinuation of some of the perks under EPCG scheme led […]

Madras HC's Order in The Case of M/s.Arul Industries vs. The Asst. Commissioner of Income Tax

Madras HC: IT Commissioner Can’t Revise Assessment Solely for Lack of Detailed Reasoning

The Income Tax commissioner could not amend an assessment only due to the detailed reasoning was not provided in the order, the Madras High Court ruled. The Commissioner of Income Tax has been empowered u/s 263 of the Income Tax Act, 1961, to amend any order passed under the Income Tax Act, 1961, “the Act,” […]

Kerala HC's Order for in the Case of Cochin International Airport Ltd. vs The Assistant Commissioner of Income Tax Corporate Circle

Kerala HC: An Income Tax Assessing Officer Cannot Ignore a Taxpayer’s Claims Without Proper Inquiry

The Kerala High Court stated that the Commissioner of Income Tax has the authority to review and make changes to tax decisions under Section 263 of the Income Tax Act, 1961. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. noted that “The role of the assessing officer under the Income Tax Act, […]

Delhi HC's Order in The Case of Ms. Sangeeta Jain vs. Pr. Commissioner of Income Tax Delhi -11

Delhi HC: Sale Deed Cannot Be Used to Verify Land’s Agricultural Classification for Taxation Purposes

The Delhi High Court has ruled that a document issued by revenue authorities or any government body certifying the agricultural status of the land is not a sale deed. A division bench consisting of Justices Vibhu Bakhru and Swarana Kanta Sharma stated that the primary purpose of a sale deed is to document the transaction […]

Punjab & Haryana HC's Order In The Case Of Harjot Singh V/S Principal Commissioner Income Tax-Central

Assessing Officer Mistakenly Issued Assessment: Punjab and Haryana High Court Validates Revision Order

The Punjab & Haryana High Court upheld the revisional order passed by the Principal Commissioner Income Tax (PCIT) under Section 263 of the Income Tax Act. as the assessment was wrongly passed by the Assessing Officer ( AO ) under Section 44ADA of the Act. The taxpayer Harjot Singh, is an individual who filed his […]

Delhi High Court's Order for M/S Paramount Propbuild Pvt. Ltd.

Delhi HC: The Assessing Officer Didn’t Take Factual Steps to Verify the Transactions

The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav noted that clause (a) of Explanation 2 of Section 263 of the Act introduces a deeming fiction to the effect that the order passed via the AO will be acknowledged wrong and prejudicial to the interests of the revenue if the order is passed […]

Delhi ITAT's Order for Ms Sarita Gupta

Delhi ITAT: Capital Gains Deduction Will Not Be Refused for Failure to Deposit in the CGAS

The Delhi bench of the ITAT recently made a significant ruling. It said that individuals can claim deductions for capital gains, even if they haven’t deposited into a capital gain account scheme. The case involved assessee, Sarita Gupta, a resident individual, of whom information was received by the Assessing Officer that the assessee’s dad sold […]

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