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Section 271D Penalty for Technical Violation of Section 269SS not sustainable

September 15, 2023 1149 Views 0 comment Print

In Gopinath Kanduri vs. ITO case, penalty under section 271D was imposed for a technical violation of section 269SS. Learn how tribunal ruled in favor of assessee.

Section 40A(3) Terms Not Absolute; Rule 6DD Circumstances Not Exhaustive

September 9, 2023 2055 Views 0 comment Print

Explore the legal battle in Smt. Shashikala Ram Kumar vs ACIT case, analyzing additions under 40(a)(ia) & 40A(3). Understand key arguments, judicial opinions, and the Tribunal decision.

Show cause proceeding cannot be scuttled by filing a writ petition if it is not without jurisdiction

September 8, 2023 543 Views 0 comment Print

High Court held that Show cause proceeding cannot be scuttled by filing a writ petition, as it is not without jurisdiction. It is open for the petitioner to reply to the SCN for violation of Sec 269SS.

Interest income, cannot notionally be excluded while determining allowable of deduction of remuneration to partners

September 8, 2023 1755 Views 0 comment Print

ITAT held that  income for purpose of ascertaining ceiling on the basis of book profit, the profit shall be as appearing in the P & L  a/c. The interest income, thus, cannot notionally be excluded while determining allowable of deduction of remuneration to partners u/s 40(b)(v) .

No Addition based on mere sworn statement if not corroborated by independent evidence

September 7, 2023 6783 Views 0 comment Print

Analyzing ITAT Bangalore’s ruling in Yashaswi Fish Meal and Oil Company Vs DCIT, exploring the role of sworn statements in tax assessments.

Meaning of ‘income chargeable to tax’ for time limit under 149(1)(b) for reopening

June 2, 2023 19464 Views 1 comment Print

Sanath Kumar Murali Vs ITO (Karnataka High Court) Petitioner challenged the order  u/s 148A(d)  for AY 2016-2017 & sought for quashing  148 notice before the Karnataka High Court. Notice u/s 148A(b)  was issued to the petitioner stating that information was received which suggested that income chargeable to tax for the AY has escaped assessment within […]

Penalty under 271D deleted in absence of satisfaction in Assessment Order

June 2, 2023 4839 Views 0 comment Print

Sri Raja Reddy Nalla Vs Add. CIT (ITAT Hyderabad) Assessee had received cash in connection with sale of immovable property . As the amount was more than the specified limit of Rs. 20,000/- , penalty proceedings u/s. 271D were initiated for violating Sec 269SS and penalty order u/s. 271D was passed levying a penalty of […]

Assessment Order Without Mandatory Din Is Null and Void as It Is in Violation of CBDT Circular

May 31, 2023 3273 Views 0 comment Print

Read about Pratap Singh Yadav’s appeal against an assessment order, citing violation of CBDT Circular No.19/2019 requiring DIN. Learn how the tribunal ruled the order as invalid.

Section 234E late fee is not always mandatory and can be waived

May 19, 2023 18879 Views 3 comments Print

Kanta Govind Singh Vs ACIT CPC TDS (ITAT Ahmedabad) Assessee, aged 85 years, purchased property from non-residents joint owners. TDS was deducted u/s 195 at lower rates as the sellers obtained lower tax certificates. Sale consideration was paid on 20.06.19 & TDS was also paid on the same day though assessee could have paid the […]

On-money received on sale of agricultural land, even when not declared, is also exempt & cannot be taxed

May 18, 2023 7026 Views 0 comment Print

Explore the ITAT Delhi ruling on the taxation of on-money received on the sale of agricultural land, examining the exemption and tax implications under the Income Tax Act.

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