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Failure to Apply Sections 28(v) and 40(b) Invalidates Assessment Order
Case Law Details
- Case Name
- Govind Kumar Vs ACIT (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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Govind Kumar Vs ACIT (Karnataka High Court)
Partner’s Remuneration Cannot Be Taxed Ignoring s.28(v) r/w s.40(b); Karnataka HC Sets Aside Assessment for Non-Consideration of Statutory Provisions
The Karnataka High Court, in Govind Kumar vs. ACIT, Central Circle-1(1) & Anr. (W.P. No. 10759 of 2025, order dated 01-Dec-2025), set aside the assessment order u/s 143(3), consequential demand notice u/s 156, and penalty notice u/s 274 r/w s.270A for AY 2023-24, holding that the Assessing Officer failed to properly consider the statutory scheme of s.28(v) r/w s.40(b) while taxing partner’s remu...
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