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Search results for: under Section 263

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 […]

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 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 […]

Jaipur ITAT’s Order for M/s. Manglam Arts

ITAT: Late GST Payment is Not Considered a Penalty and Can Be Deducted U/S 37 of the I-T Act

The late payment of Tax collection at source (TCS) and Goods and Services Tax (GST) does not constitute a penalty and should, in fact, be eligible for deduction under Section 37 of the Income Tax Act, 1961, the Jaipur bench of the Income Tax Appellate Tribunal (ITAT) recently ruled. The taxpayer involved in this case […]

ITAT's Kolkata Order for Shri Mahesh Kumar Sureka

ITAT Removes Revisional Order Not Mentioning DIN, Violation of Circular

The Income Tax Appellate Tribunal (ITAT), Kolkata bench refused the revisional order issued under section 263 of the Income Tax Act, 1961, not specifying the Document Identification Number (DIN), violative of the circular furnished via the Central Board of Direct Taxes (CBDT) in 2019. The taxpayer, Mr. Mahesh Kumar Surekhahas take part in the validity […]

ITAT's Kolkata Order for Tata Medical Centre Trust

ITAT Declares the Revisionary Order Invalid Due to Lack of DIN

The Kolkata Bench of the ITAT has refused the revisionary order that the Income Tax Authority is passing without quoting Document Identification No. (DIN) in the mentioned order, as required by the CBDT Circular No.19/2019, on 14.08.2019. The Bench, consisting of Mr Sanjay Garg (Judicial Member) and Mr Girish Agrawal (Accountant Member), ruled that since […]

Mumbai ITAT's Order in the Case of Western Industrial Co-operative Estate Limited Vs. DCIT Circle 32(1)

ITAT Mumbai: Rent Earned from Co-operative Society’s Admin Building Taxable as House Property Income

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a co-operative society earned a rental income from letting out its administrative building is assessable under the head “Income from House Property” and not as “Income from Other Sources.” The matter was heard by a Bench comprising Vice President Saktijit Dey and […]

IndiGo Slapped with ₹458 Crore GST Penalty

IndiGo Receives ₹458 Cr GST Order U/S 74; Airline Confirms Intent to Appeal

A GST penalty of more than Rs 458 crore by authorities has been imposed on the country’s largest airline, IndiGo, and the same can challenge the decision. According to a recent regulatory filing, the Additional Commissioner of CGST (Delhi South Commissionerate) has issued a tax demand and penalty against the company. The order was passed […]

Madhya Pradesh HC's Order in The Case of Amara Raja Batteries Limited vs. The State of Madhya Pradesh and Others

MP High Court Upholds Validity of 100% GST Penalty for Incorrect E-Way Bill Destination

The Madhya Pradesh High Court has ruled that if a GST E-way bill contains an incorrect destination city, it cannot simply be considered a minor typing error, especially if the goods have travelled significantly beyond the stated location. According to Section 129 of the Goods and Services Tax Act, imposing a penalty of 100% is […]

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