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ITAT reprimands officers for delaying tactics during pandemic & rejects adjournment request

May 11, 2021 1734 Views 0 comment Print

DCIT Vs Saroj Kumar Poddar (ITAT Kolkata) Kolkata bench first  of its kind of Interim order on the subject of endless adjournments by revenue on pretext of covid 19  and resultant pains to tax payer languishing for justice held remarkably as follows:- The Revenue is also raising strong objections, without any valid ground, for the […]

Appellate Authority can exercise Power under Rule 46A suo-motu without any application from any of contesting party

May 6, 2021 669 Views 0 comment Print

DCIT Vs Kewalram Textile Pvt. Ltd. (ITAT Ahmedabad) The power of the appellate authority to direct for the production of a document or examination of the witness as a matter of fact is in furtherance of any enquiry contemplated by Section 250(4) of the Act is contained in sub Rule 4 of Rule 46-A of […]

HC admit writ against NFAC Assessment order passed without proper SCN

May 4, 2021 2154 Views 0 comment Print

SAS Fininvest LLP Vs National-Assessment Centre Income Tax Department New Delhi (Delhi High Court) DELHI HIGH COURT admitted writ petition on account of not giving proper show cause notice (SCN) with material prior to passing of assessment order against NFAC. Also first time honourable court took cognizance of board instructions cited by us and reproduced […]

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

May 3, 2021 3984 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 1962 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 8748 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 6078 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 3711 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 2817 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 8760 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 […]

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