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Search results for: Income tax Act

Delhi ITAT's Order In the Case of the Tanya Jaiswal Vs DCIT

No Clear Proof of Undisclosed Income: Delhi ITAT Cancels Tax Penalty U/S 271AAB

The penalty has been removed by the New Delhi Bench of Income Tax Appellate Tribunal ( ITAT ) u/s 271AAB of the Income Tax Act, 1961 for alleged undisclosed income during the search. The decision was arrived at because of the clear evidence to prove the allegation. A search has been conducted by the revenue […]

Bangalore ITAT's Order in Case of Smt. Prameela Parameshwar Vs. ITO

ITAT Removes INR 14 Lakhs Addition U/S 69A Due to Incorrect Transaction Details Recorded by AO

U/s 69A of Income Tax Act,1961 the Bangalore Bench of Income Tax Appellate Tribunal ( ITAT ) deleted a Rs. 14 lakh addition made by the Assessing Officer (AO). The addition was based on wrong information concerning a property transaction, where the AO incorrectly recorded the purchase price as Rs. 45 lakhs instead of the […]

Delhi ITAT's Order in Case of Ishwar Chander Pahuja Vs. ACIT

Delhi ITAT: No Need to Maintain Books of Account for An Agriculturalist U/S 44AA to Claim Tax Exemption U/S 10(1)

The Delhi ITAT while granting exemption on agricultural income under section 10(1) ruled that the taxpayer being an agriculturalist would not need to maintain books of account as per Sec 44AA. Section 44AA of the Income Tax Act deals with the maintenance of books of accounts by specific persons maintaining on business or profession. Single […]

Ahmedabad ITAT's Order in Case of Gujarat State Electricity Co. Ltd. Vs. The DCIT

Leave Encashment Provisions Not Charged to the P&L A/c, Can’t Be Included in the Employer’s Income

It was ruled by the Ahmedabad ITAT that the provision for leave encashment which was inherited by the taxpayer on the grounds of the restructuring practice of GEB, under which the majority of employers have been onboarded by the taxpayer company could not be added to the income of the taxpayer. The Division Bench of […]

Bangalore ITAT's Order In the Case of the Sekhon Jagtar Singh Vs ITO

Bangalore ITAT Cancels Tax Penalty U/S 270 Due to Misunderstanding of Non-filing of ITR

The Bangalore bench of the Income Tax Appellate Tribunal ( ITAT ) in a case quashed a tax penalty imposed u/s 270 of the Income Tax Act 1961, remarking that the taxpayer failed to file a Return due to a bona fide misunderstanding. The taxpayer Sekhon Jagtar Singh, in this case, is an individual who […]

Bangalore ITAT's Order In the Case of Shri Ramalingaiah Ramesh Vs ITO

ITAT Allows Rectification Due to Misleading Suggestion by Auditor, Leading to Higher Tax Payment

In a case, the Income Tax Appellate Tribunal (ITAT) of Bangalore ordered improvement of the amended return filed via the taxpayer, remarking that misadvice via the tax auditors of the taxpayer directed him to pay the excess income tax. The assessee Ramalingaiah, a semi-literate individual engaged in the business of tailoring and trading in textile […]

Gujarat HC's Order in Case of V M Procon PVT. LTD Vs. Assistant Director of IT

Gujarat HC: Delayed Filing of 10-IC Form Won’t Affect Reduced Tax Rate if Conditions of Section 115BAA Are Met

Witnessing that the taxpayer has fulfilled the conditions to lessen the tax rate under section 115BAA, the Gujarat High Court cited that the revenue department would required to condone delay in the filing of Form 10-IC instead of rejecting it on technical grounds. Section 115BAA of the Income Tax Act permits domestic companies to use […]

Delhi ITAT's Order In the Case of Mahashian Di Hatti Pvt. Ltd. Vs ACIT

Delhi ITAT Cancels Tax Penalty u/s 270 Due to Income Discrepancy Caused by Auditors’ Incorrect Recording of WDV in Audit

The Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) in a ruling removed the penalty u/s 270A of the Income Tax Act, 1961, quoting that the income difference was due to the wrong recording of the written down value (WDV) of the auditor in the tax audit report and noted that ‘to […]

Taxpayers May Challenge I-T Notices U/S 148, Says ICAI Ex-chief

Former ICAI Chief: Taxpayers Can Challenge IT Notices Received U/S 148 for Assessments Reopening

Under Section 148, Some taxpayers have imposed notices pertinent to the reopening of the assessments for the assessment years 2014-15, 2015-16, 2016-17, and 2017-18. A former president of the Institute of Chartered Accountants of India ((ICAI), the chartered accountants’ professional body, thinks that these tax notices were mistakenly sent as the limitation of 6 years […]

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