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HC directs CIT(A) to dispose Appeal under Faceless appeal Scheme within 12 weeks

May 3, 2021 3975 Views 1 comment Print

High Court After Taking Cognizance of Delayed Disposal of Appeals under Faceless Appeal Scheme, 2020  Directed Commissioner of Income Tax (Appeals) On Account of Principles of Natural Justice To Decide Appeal Expeditiously Within 12 Weeks.

Written submissions without a conscious waiver cannot be treated as waiver of Right to be heard

April 29, 2021 1956 Views 0 comment Print

ITAT Chandigarh addresses limitations, record definition, and right to be heard in Amrik Singh Bhullar Vs ITO case. Important insights for taxpayers.

Loss arising from exempt source income u/s 10(38) held allowable to be set-off or carried forward

April 24, 2021 8733 Views 0 comment Print

The main issue in this appeal is whether loss from sale of long term capital share on which security transaction tax has been paid should be allowed to be carried forward for set off even though the income from such transfer of long term capital asset is exempt u/ s 10 (38).

Non-Compete Fees Allowable as Admissible Revenue Expenditure: PWC gets Relief

April 21, 2021 5985 Views 1 comment Print

It is undisputed fact that the consideration is paid to individuals who had experience in the business of consultancy for not to engage themselves in similar kind of business and activities for a period of 3 years. It is also not disputed that such consideration is independent and not part of the cost of acquisition of business paid to shareholders.

Repayment of Loans Mitigates Invocation of Section 68 When Genuineness Proved

April 19, 2021 3648 Views 0 comment Print

Shree Samruddhi Overseas Trading Co. Vs DCIT (ITAT Ahmedabad) It is submitted on behalf of the assessee that the assessee had taken a temporary loan of Rs.8 Lakhs and Rs.2 Lakhs aggregating Rs.10,00,000/- in the month of June 2012 from Shri Rakesh Vallabhbhai Swadia. The loan so obtained was also repaid in the month of […]

Each Question Wise Objection Disposal Must In Reopening Proceedings: HC

April 16, 2021 2796 Views 0 comment Print

Raj Arivazhagan Vs ITO (Madras High Court) In the case on hand, the petitioner had raised a specific objection that the proposal for reopening the assessment is liable to be dropped, since there is no finding that there was escapement of income. It was further contended that for the purpose of carrying on verification exercise, […]

Exempt income cannot be taxed merely for not mentioning in ITR ‘Schedule EI’

April 15, 2021 8625 Views 0 comment Print

Goodwill Management Pvt. Ltd. Vs DCIT (ITAT Bangalore) The assessee, out of ignorance or inadvertence has omitted to mention the details of exempt income in the relevant ‘Schedule EI’. So, the ignorance of the assessee or inadvertent mistake committed by the assessee should not come in his way in claiming exemption, which is otherwise allowable […]

HC directs revenue to consider Application under Vivad Se Vishwas Act, 2020

April 9, 2021 2214 Views 0 comment Print

Sadruddin Tejani Vs ITO (Bombay High Court) The basic facts set out above are not in dispute. Without getting into the merits of the demands by the Revenue or the Application for Revision under Section 264 of the Income Tax Act by the Petitioner, it would be relevant to note that, it is not in […]

PCIT or CIT cannot revise any order in respect of which an appeal lies or time to file appeal is not expired

April 8, 2021 2313 Views 0 comment Print

Aafreen Fatima Fazal Abbas Sayed Vs ACIT (Bombay High Court) 15. This is a case where, in the Petitioner’s return for the Assessment Year A.Y 2018 – 19, the figure of long term capital gains of Rs. 3,07,60,800/- on surrender of tenancy rights in respect of earlier A.Y 2017-18 had inadvertently been copied by petitioner’s […]

HC explains scope of ‘intimation’ under section 143(1)(a) of Income Tax Act, 1961

April 7, 2021 7539 Views 0 comment Print

AA520 Veerappampalayam Primary Agricultural Cooperative Credit Society Limited Vs DCIT (Madras high court) The scope of an ‘intimation’ u/s 143 (1) (a) of the Act, extends only to the making of adjustments based upon errors apparent from the return of income and patent from the record The scope of an ‘intimation’ under Section 143 (1) […]

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