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Repayment of Loans Mitigates Invocation of Section 68 When Genuineness Proved

April 19, 2021 3510 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 2730 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 8313 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 2148 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 2217 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 7251 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) […]

Bombay HC quashes unlawful illegal Income Tax refund adjustment

April 6, 2021 2364 Views 0 comment Print

Tata Communications Ltd. Vs Union of India (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT Bombay high court on unlawful illegal  refund adjustment  u/s 245 by tax authorities held that Interim relief granted by Bombay HC vide order dated 26th March, 2020 also applies to Income Tax Refund and refund cannot be […]

No Section 148 reopening when Time limit for picking the return for scrutiny is pending u/s 143 (2)

March 31, 2021 8790 Views 0 comment Print

ITO Vs Momentum Technologies Pvt Ltd (ITAT Delhi) Reopening invalid When Time Limit for Scrutiny Pending from date of Revised Return Filed under Section 139(5) The first contention raised by assessee invoking rule 27 of the income tax appellate tribunal rules 1963, the contention raised that when the return of income is pending before the […]

Enhancement of Limited Scrutiny by CIT Appeal Invalid

March 30, 2021 1170 Views 0 comment Print

ITAT Delhi rules on capital gains vs. business income in Amit Kumar Dey’s case. Details on bonus shares, sale transactions, and CBDT Circular 13.12.2005.

Addition for unexplained share capital & premium without providing third party statement & cross examination unsustainable

March 26, 2021 1068 Views 0 comment Print

Sahakar Global Ltd. Vs DCIT (ITAT Mumbai) Issue-  Addition of Rs. 3,50,00,000/- as unexplained cash credit u/s. 68 in respect of amount received during the year as share capital and premium from M/s. Vanguard Jewels Ltd, Ansh Merchandise Pvt Ltd., Alka Diamond Industries Ltd & Talent Infoway Pvt Ltd. Held: Additions have primarily been made […]

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