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Search results for: Section 143(3)

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 […]

Kerala HC's Order for Lakeshore Hospital & Research Centre Limited

Kerala HC Rejects Writ Petition Challenging Notice as Assessee Failed to Update Email with Dept.

The Kerala High Court has dismissed the writ petition contesting the assessment order and notice of demand based on the fact that they were issued in violation of the principles of natural justice. The bench of Justice Murali Purushothaman has noticed that when the applicant/taxpayer is at fault, as they did not update or revise […]

Delhi ITAT's Order In the Case of MDLR Airline (P) Ltd Vs DCIT

Delhi ITAT: Proper Approval from Authority is Required Before Passing Any Assessment/Reassessment in a Search Case

The Income Tax Appellate Tribunal ( ITAT ) of the New Delhi bench for a case ruled that the assessment or reassessment in an investigation concerned with the matter could not be passed without proper approval of the competent authority and quashed it. It was noted that the approval allotted u/s 15D of the Income […]

Mumbai ITAT Order In Case of Dilip B Patel Vs DCIT

ITAT Mumbai Nullifies Assessment Order Due to Lack of Valid Satisfaction Before Giving Notice U/S 153C

The assessment order is been cancelled by the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) without recording valid satisfaction before issuing notice under Section 153C of the Income Tax Act, 1961. When a search was performed by the council the taxpayer Dilip B Patel was not searched. But an investigation was performed on […]

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 […]

Mumbai ITAT’s Order for M/S BBH Communications India Private Limited

Difference in P&L Account and 26AS Due to Declaration of Amount, Mumbai ITAT Upholds Deletion of Addition

The decision of the Commissioner of Income Tax (Appeals) (CIT (A)) is upheld by the Mumbai ITAT to annul an addition made, quoting a discrepancy between Form 26AS and the Profit & Loss Account, attributable to the declaration of service tax amounts. On 27/11/2012 when the assessee filed its income tax return the case appeared, […]

Delhi ITAT's Order for GSR Industries

Delhi ITAT: Taxation Should be Calculated As Per Actual Income Rather Than Theoretical

In a ruling that has captured the attention of tax professionals and businesses alike, the Income Tax Appellate Tribunal (ITAT) in Delhi furnished its verdict on the case between GSR Industries and the Deputy Director of Income Tax (DDIT). This case judged dated 26 December 2023, rotates about diverse problems related to income tax assessment […]

Mumbai ITAT's Order for Saltwater Studio LLP

Mumbai ITAT Rejects 200% Penalty Unless Misreporting Specified

A 200% penalty could not get imposed until the department establishes misreporting, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) stated. AO would lose to draw the addition or disallowance he made in quantum assessment under the ken of (a) to (f) of Section 270A (9) of the Act, and the penalty levied […]

Form 10E Filing Via Gen IT e-Filing Software

Full Process to e-file Form 10E by Gen IT e-Filing Software

An Intro About Form 10E Section 89(1) of the Income Tax Act 1961 requires you to submit Form 10E in order to claim tax relief. A delayed salary received in the form of arrears is eligible for tax relief under Section 89(1) of the Act. Your Form 16 includes a line for any arrears received. […]

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