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Search results for: Income Tax Act

Mumbai ITAT's Order In Case of M/s. Nine Globe Industries Pvt. Ltd. vs Asst. Commissioner of Income Tax

Mumbai ITAT: If No Advance Tax Query in Reassessment Proceedings Then IT Section 249(4)(b) Can’t Apply

Section 249(4)(b) of the Income Tax Act, 1961 does not apply when there is no question of advance tax payment in the income tax reassessment proceedings, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) held. The taxpayer M/s. Nine Globe Industries Pvt. Ltd. furnished its income return dated 29.09.2012 for AY 2012-13 declaring […]

Bombay HC's Order in Case of Sarfaraz Sharafali Furniturewalla Vs. Afshan Sharfali Ashok Kumar

Bombay HC Rules ‘Transit Rent’ Non-Taxable, No TDS Deduction Required from Developer to Tenant

As per Bombay HC, no tax is to be charged on the transit rent as it is not to be deemed as a revenue receipt. Consequently, no question of tax deduction at source (TDS) is there from the amount leviable via the developer to the tenant. The bench of Justice Rajesh S. Patil has marked […]

CBDT Notifications No.45 and 46/2024 for Non-Filing of ITR

CBDT Issues Notif No. 45 & 46/2024 for Giving Exemption to RBI from Higher Tax Rates

On May 27, 2024, two notifications were released by CBDT, presenting higher rates of Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) for individuals and entities who were unable to file their Income Tax Returns (ITR). In Notifications No. 45 and 46/2024, these directives are detailed and specify an important development in […]

Delhi ITAT's Order In Case of Computer Modelling Group Ltd Vs ACIT

ITAT Delhi U/s 44BB Receipts via Foreign Entity From Software Services In India Not Taxable If Absence of PE

Receipts via a foreign entity from the provision of software services to oil companies in India being like business profits are not chargeable in India in the absence of its Permanent Establishment (PE) during the relevant AYs, Delhi ITAT ruled. Section 44BB of the Income Tax Act includes a unique provision for the calculation of […]

Madras HC's Order In Case of Annam Rajasekher Bindu v/s Income Tax Officer and Other

Madras HC New SCN Shall be Issues U/S 148 of the IT Act That Have not Been Raised Earlier

The Madras High Court in a ruling held that a new SCN u/s 148 of the Income Tax Act, 1961 will be issued for the problems not raised before. The department was asked to provide a fresh order u/s 148A(d) after regarding the reply of the taxpayer. A Single bench of Justice Senthilkumar Ramamoorthy held […]

Delhi CESTAT's Order for M/s. Rajasthan State Road Transport Corporation

Delhi CESTAT: Service Tax Payable on Buses Used for Carrying Passengers Can’t Be Considered Goods Transport

A service tax is liable to get paid on buses meant for carrying passengers and cannot be called a means of transport of goods, the Delhi Bench of Customs, Excise and Service Tax Appellate (CESTAT) ruled. The bench of Binu Tamta (Judicial Member) and Hemambika R. Priya (Technical Member) noted that on the applicability of […]

SC's Order In the Case of Shaji Paulose Vs. Institute of Chartered Accountants of India

SC Marks ICAI Rule Validity Limiting CAs to Maximum Number of Tax Audits Annually

On Friday (May 17) the Supreme Court kept a rule issued by the Institute of Chartered Accountants Of India (ICAA) restricting Chartered Accountants from accepting more than the “specified number of tax audit assignments” (at present, the upper limit is set at 60) in a fiscal year. A bench of Justices BV Nagarathna and Augustine […]

Pune ITAT's Order In Case of Golden Charitable Trust vs CIT Exemption

Income from Leasing a Building is a Business Activity: ITAT Pune Cancels Reg. Filed U/S 12A

The application of registration filed under Section 12A of the Income Tax Act, 1961 has been cancelled by the two-member bench of the Income Tax Appellate Tribunal ( ITAT ) after witnessing that the income made via leasing of trust building is a commercial business activity. The taxpayer, Golden Charitable Trust entered into a lease […]

Delhi ITAT's Order In Case of Polyplex Corporation Limited Vs DCIT

ITAT Delhi Removes Tax Penalty U/S 271(1)(c) Due to Absence of Wrong Income or Intentional Concealment

The penalty u/s 271(1) (c) of the Income Tax Act, 1961 is deleted by the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) concluding there was no providing of incorrect particulars of income or a deliberate attempt to conceal the income. The present appeal has emerged on the fact that the assessee- […]

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