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Search results for: provisions of the Income Tax

ITAT Mumbai's Order for Sabara Impex Ltd

ITAT Mumbai Supports Penalty When Assessee Not Filled ITR Truthfully U/S 271(1) (c)

When the assessee did not disclose all material information in the income tax return, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) upheld the penalty under section 271(1)(c) of the Income Tax Act, 1961. The assessee, Sabara Impex Ltd., submitted its income tax return on January 12, 1997, stating a total income of […]

Chandigarh ITAT'S Order for Shri Karnail Singh

ITAT: No Penalty Would be Imposed U/S 27(1)(C) as TDS Deducted Under DTAA

A Chandigarh bench of the ITAT ruled that the penalty under section 271(1)(c) does not apply because tax has already been deducted in accordance with Double Taxation Avoidance Agreements (DTAA). As a short summary, the facts are that the assessee is not a resident of the country and has booked certain units in the entity […]

Amritsar ITAT's Order for Reshma Devi

ITAT: Late Fee Will be Imposed if TDS Not Filed Timely U/S 243E

Income Tax Appellate Tribunal (ITAT) of Amritsar bench, engaged via M.L. Meera (Accountant Member) and Anikesh Banerjee (Judicial Member) kept the decision of the Commissioner of Income Tax (Appeals) National Faceless Appeal Centre (NFAC) for imposing the late fee on the taxpayer on filing Tax Deduction Source (TDS) late. The taxpayer furnished an appeal in […]

Delhi HC's Order for Usha Rani Girdhar

HC Cancels Proceedings Based On the Contradiction Between SCN & Order

Delhi High Court ruling mentioned that the division bench of Justices Manmohan and Manmeet Pritam Singh Arora, in a Writ Petition, refused the proceedings of the department, the order issued and notice circulate under Sections 148A(d) and 148A(b) of Income Tax Act, 1961 respectively on the different and separate basis. Under section 148 of the […]

Mumbai ITAT's Order for Janki Vaishali Co-operative Housing Society Ltd

ITAT: IT Return Filed After Due Date Deductions Denied U/S 80AC

The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) refused the claim towards the deduction as the ITR was not able to furnish post to the last date specified under Section 80AC of the Income Tax Act 1961. The assessing officer does not permit the claim for the deduction under Section 80P(2)(d) of the Income […]

Relief to Non-Residents from Filing 10F Form

I-T Dept Grants Partial Relief for Non-Residents From 10F Filing

CBDT provides partial relief to the non-resident assessees who do not secure PAN through the electronic filing of Form 10F until March 2023. The filing of the same form would require the order to claim the advantages of the Double Taxation Avoidance Agreements (DTAA). For claiming the advantages a non-resident assessee is required to furnish […]

Mumbai ITAT's Order for Shri Amin Badruddin Keshwani

ITAT Rejects Re-Assessment Order, No Reasons & Tangible Materials

The Judicial Member Kuldip Singh of Mumbai ITAT Bench has revoked the reopening of the assessment via AO because of the absence of valid reasons along with the tangible materials and removed the incurred other things. The taxpayer is involved in the manufacturing of steel wool, filed a plea to the ITAT to set aside […]

Hyderabad ITAT Order for Fernandez Foundation

ITAT: Charitable Organisation Reg Not Available to Hospitals Charging Commercial Rates

The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) stated the taxpayer hospital is levying on the grounds of commercial rates from the patients and is not qualified for registration as a charitable organization under Section 12A of the Income Tax Act. The two-member bench of Laliet Kumar (Judicial Member) and R.K. Panda (Accountant […]

Mumbai ITAT's Order for M/s. Vodafone Idea Ltd

ITAT: TDS U/S 194H Not Applicable on Commission to Distributors for Sim Cards / Recharge Vouchers

Exemption to the Vodafone Idea ltd, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) stated that the Sale of prepaid sim cards/recharge vouchers to distributors could not be treated as commission to draw Section 194H of the Income Tax Act,1961 and no tax deducted at source(TDS). Shri J D Mistry appeared for the […]

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