The Tribunal confirmed that no disallowance under Section 14A can be made when the assessee earned no exempt income during the year. Following Calcutta High Court precedents, the ITAT rejected the Revenue’s attempt to apply the prospective Finance Act 2022 amendment to the relevant assessment year (AY 2014-15).
PGBP governs the computation of business and professional income. It defines chargeable income (Sec. 28, 41) including statutory and deemed receipts, and allows detailed deductions (Sec. 30-37) for operational costs, depreciation, scientific research (Sec. 35), and capital expenditures for specified businesses (Sec. 35AD).
The Tribunal held that the DTAA overrides the Income Tax Act, and income taxed abroad cannot be taxed again in India. The ITAT rejected the view that authorities lack power to condone delay, allowing the FTC claim after verification of the eventually filed Form 67.
Summary of statutory deadlines for issuing income tax notices (Sec 143, 147) and completing assessments, reassessments, and appeal effect orders.
The ITAT ruled that loss from trading in foreign currency derivatives on a recognized exchange is non-speculative business loss, eligible for set-off under Section 43(5)(d). The Tribunal held that such transactions are covered by the exception for derivatives and rejected the lower authorities’ mechanical disallowance.
Form 3CD requires mandatory reporting on taxpayer identity, business status, accounting methods (ICDS), depreciation, inadmissible expenditures (Sec. 40A/14A), payment/receipt compliance (Sec. 269SS/T/ST), TDS/TCS, and GST expenditure break-up, ensuring comprehensive tax compliance verification under Section 44AB.
PFRDA circular outlines revised NPS subscriber onboarding guidelines for PoPs. Details digital/physical modes, Face-to-Face/Non-Face-to-Face KYC methods, and simplified registration using CKYC identifier or Bank CBS records. PoPs must ensure compliance and accessibility.
The ITAT invalidated an assessment due to two fundamental defects: the 143(2) notice was invalid as it failed to specify the type of scrutiny (Limited/ Complete) per CBDT instructions, and the assessment was completed by the ACIT, who lacked pecuniary jurisdiction over the Rs.10.41 Lakh income case. The ruling stresses that procedural compliance with binding CBDT instructions is mandatory, or the entire assessment becomes void.
Understand the three core processes of Indian Income Tax: Rectification of mistakes (Sec 154), the four types of Assessment (Summary, Scrutiny, Best Judgment, and Reassessment), and the Appeal mechanism to CIT(A)/ITAT against adverse orders.
This decision emphasizes that violation of binding CBDT instructions, such as failing to specify the category of scrutiny in the Sec. 143(2) notice, strikes at the root of the assessment. The Kolkata Tribunal quashed the entire Sec. 143(3) assessment as being without jurisdiction, affirming that legal grounds can be raised at any stage.
