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Archive: 03 May 2023

Posts in 03 May 2023

Section 263 cannot be Invoked if AO Adopted One of Two Plausible Views

May 3, 2023 912 Views 0 comment Print

ITAT held that when two views are legally possible and Assessing Officer adopts one view the Assessment Order cannot be said to be erroneous for CIT to invoke jurisdiction u/s. 263

Appeal Filing delay cannot be condoned if Cause not supported by evidence

May 3, 2023 1056 Views 0 comment Print

Assessee has made a vague claim of medical reasons without any supporting evidences to justify his stand that he was suffering from ill-health and Doctors advised him to take rest.

Co-owners showed capital gains of different amount – Section 148 notice invalid

May 3, 2023 795 Views 0 comment Print

ITAT held that co-owners showed capital gains of different amount, is not a valid ground for issue of notice under section 148

Section 148 notice without Higher Authority Approval is invalid

May 3, 2023 2484 Views 0 comment Print

Before issuance of notice under Section 148 of the Act, approval of the higher authorities is a mandatory statutory requirement.

Interest on deposits cannot be treated as business Income for Section 44AD

May 3, 2023 2817 Views 0 comment Print

Assessee cannot include interest received on deposits as business receipts and estimate net profit under section 44AD on such interest income

Alleged Willful disobedience of HC judgment : HC directs AO to Comply

May 3, 2023 906 Views 0 comment Print

Vivek Saxena Vs Ashish Verma, Chief Income Tax (Allahabad High court) The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 01.12.2022 passed by this Court in Writ Petition No. 16848 of 2022. It is […]

In case of port shift custom duty already paid at earlier port needs to be refunded

May 3, 2023 675 Views 0 comment Print

No adjustment on account of a different assessable value adopted at Pipavav Port cannot be made in the refund amount as the import and clearance made at Pipavav Port is an independent clearance made by different Assessing Officers.

ITAT grants Opportunity to Appellant, an illiterate farmer to Present his case before AO

May 3, 2023 951 Views 0 comment Print

Assessee is an illiterate farmer and claims that he was not properly presented in assessment and appellate proceedings. Moreover, assessee claims that he was misguided by consultant

CA, CS & CMA brought under PMLA net if they manage client assets

May 3, 2023 38517 Views 3 comments Print

Government notifies that following transactions done by CA, CS & CMA on behalf of their client will be covered under Prevention of Money-laundering Act, 2002. This notification is issued by the Ministry of Finance, Department of Revenue in India, and it pertains to the Prevention of Money Laundering Act, 2002. The notification outlines that certain […]

No penalty for disallowance due to dispute on nature of expenses

May 3, 2023 1059 Views 0 comment Print

Read about Ansal Properties vs ACIT (ITAT Delhi) case. Penalty not sustainable on QIP and 80-IB disallowance. Full text of ITAT Delhi order

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