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Non-Filers/Stop filers of Income Tax Returns to get Notices soon

August 29, 2019 27522 Views 2 comments Print

Criteria for generation of non filers: Any person holding valid PAN has not filed the return for the entered AY as well as for preceding 3 A.Y.s. Criteria for generation of stop filers: Any person holding valid PAN has not filed the return for the entered AY but filed the return for any of the preceding 3 A.Y.s.

CBDT to furnish data of Appeal withdrawals to PM Office

August 29, 2019 7806 Views 0 comment Print

Kindly refer to the above and Board’s letter dated 20.08.2019 whereby it was directed that process of withdrawal of appeals in consequence of Circular 17 of 2019 shall be completed by 31st October, 2019. 2. In this regard, it is stated that Prime Minister’s Office has requested for‑ figure of withdrawal of appeals as on 31.08.2019 as per table below.

No Capital Gain arises if Permissive Possession Not handed Over to Builder during Concerned Year in case of JDA

August 28, 2019 3081 Views 0 comment Print

The issue under consideration is whether the capital gain will be chargeable in case of JDA even if Permissive possession was not handed over to builder during the concerned year?

Section 148 Notice issued in the name of dead person was invaild

August 27, 2019 7851 Views 0 comment Print

Notice under section 148 issued to a dead person could not be continued against the legal representatives and moreover, section 292B also could not be resorted to.

No addition u/s 69 of cash deposit made from own business activities

August 27, 2019 9150 Views 0 comment Print

Since the cash deposit made by assessee was from the business activities of glass bangle trading business, therefore, no addition under section 69 over and above the returned income would be warranted. 

Notice u/s 148 cannot be issued for mere insufficient compliance to Letters

August 27, 2019 7392 Views 0 comment Print

otice under section 148 issued on the basis of insufficient compliance to Letters dated 20.05.2011 and dated 02.02.2016 were wholly unauthorized in law as the reasons recorded must indicate that AO had applied his mind to the fact that income was chargeable to tax under the Act and it had exceeded maximum amount not chargeable to income Tax. Hence, reassessment was not valid as there were no reasons recorded by AO in the eye of law for assuming jurisdiction in this case.

Proceedings u/s 148 could not be initiated for verification of sources of investment

August 27, 2019 7251 Views 0 comment Print

Proceedings under section 148 could not be initiated for verification of the sources of investment and therefore, the reasons recorded by AO were no reasons in the eye of law for assuming jurisdiction for issuing notice under section 148.

Section 148 Notice issued for verification of information was not valid

August 27, 2019 9063 Views 0 comment Print

Notice under section 148 could not be issued for verification of information, but here the jurisdictional satisfaction of the essential requirement had to be shown that there had to be reason to believe that there was income chargeable to tax which was not there in the assessment order passed. Thus, the reasons recorded by AO were no reasons in the eye of law for assuming jurisdiction and the assessment orders u/s 144 read with 147 was quashed.

Notice u/s 148 invalid if issued but not served properly to proper person

August 27, 2019 32517 Views 0 comment Print

Where no notice under section 148 is issued or if the notice so issued is shown to be invalid, or the service of notice so issued, is shown to be invalid, AO could not proceed with the subsequent proceedings for making assessment, reassessment or re-computation under section 147. Unless, the notice was served on the proper person in the manner prescribed under section 282, the service was insufficient and AO did not have jurisdiction to re-assess the escaped income. 

Clarifications on filling-of ITR forms for Assessment Year 2019-20

August 27, 2019 32175 Views 3 comments Print

In ITR Form-2 and ITR Form-3, in Part-A General, at column (h), the taxpayer is required to state whether he was Director in a company at any time during the previous year. In case of an affirmative answer, the taxpayer is further required to disclose following information relating to each company in which he was a Director:-

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