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Income Tax Search to be conducted by jurisdictional officers of assessee only

April 17, 2023 2805 Views 0 comment Print

Madras HC declares search at Anil Jain’s residence and office illegal. Jurisdictional issues raised. Reference to Section 120 and Notification S.O.2914(E) (69/2014).

ITAT’s Powers to Admit Claim Otherwise than by Revised Return

April 15, 2023 906 Views 0 comment Print

Navneet Dutta Vs ITO (ITAT Delhi) Assessee filed his original return of income on 10.01.2012 for the AY 2011-12 and in the said return due to clerical/typographical error, the assessee could not claim loss from house property. Later on the assessee revised the return of income on 18.06.2012. Assessee has filed rectification application u/s 154 […]

Writ Petition- Remedy under Article 226 Constitutes an Extraordinary Remedy

April 15, 2023 1407 Views 0 comment Print

Shapoorji Pallonji Solar Holdings Private Limited Vs ITO (Madras High Court) Writ Petition- Remedy Under Article 226 of Constitution of The India Constitutes An Extraordinary Remedy Assessee challenged the assessment order mainly on the ground of violation of principles of natural justice  urging the point that the order had travelled beyond the scope of show-cause […]

Addition under section 41(1) cannot be made Adhoc or on Estimate’s

April 14, 2023 1455 Views 0 comment Print

JCIT (OSD) Vs Yashmaan Pathak (ITAT Mumabi) No scope of  adhoc or estimated addition u/s. 41(1) &  the entire conditions precedent for invoking section 41(1) has to be fulfilled. Assessee has filed his return of income   and the  AO during scrutiny issued show cause notice to the   assessee to file details and confirmation of the […]

Non-Filing of Form No. 67 Is Merely A Procedural Error & Foreign Tax Credit Can’t Be Denied

April 12, 2023 5637 Views 0 comment Print

Assessee filed ROI claiming relief u/s 90 but did not file Form No.67. Form was subsequently filed beyond the due date as per under Rule. CPC did not give credit for foreign tax.

No Section 271C Penalty on mere belated TDS remittance after deduction: SC

April 11, 2023 21204 Views 1 comment Print

SC held that no penalty shall be leviable under Section 271C of Income Tax Act for mere belated remittance of TDS after deducting

SC affirms principles governing CIT’s revisionary powers; Quashes Bombay HC ruling as erroneous

April 7, 2023 2406 Views 0 comment Print

CIT Vs Paville Projects Pvt. Ltd.  (Supreme Court of India) Supreme Court  allows Revenue’s appeal quashing the  Bombay High court order that had set aside CIT’s revisionary order passed under section 263 of Income Tax Act, 1961. CIT  in exercise of the powers u/s 263 and in exercise of the revisional jurisdiction, set aside the […]

Delayed remittance of Employees PF/ESI can be disallowed vide Section 143(1) adjustment

January 21, 2023 3936 Views 0 comment Print

Subramanya Karthik Vs ITO (ITAT Bangalore) ITAT held that decisions cited by the learned Counsel for the assessee proceed on the assumption that the disallowance of employees’ share of PF and ESI paid beyond the due dates under relevant law has been made only under section 143(1)(a)(iv) of the Act, while in the intimation under […]

Delayed employees PF remittance -Power to disallow u/s 143(1)- Effect of SC decision

December 21, 2022 3852 Views 1 comment Print

Delayed employees PF remittance Supreme Court decision in Checkmate Services – Under s.143(1), power to disallow. Tribunal decisions divergent.

Section 80P Deductions otherwise disallowable cannot be disallowed U/s. 143(1)

December 19, 2022 4011 Views 1 comment Print

Jila ALP Sankhyak Bachat Sahakari Sakh Samiti Maryadit Vs DCIT (ITAT Raipur) Deductions otherwise disallowable under the Act but could not be disallowed in 143(1) – Eg 80P deduction AY 18-19 to AY 20-21 Assessee -Credit Co-operative Society, claiming deduction u/s.80P filed its ROI A.Y.2018-19 beyond the due date u/s 139(1). CPC in its Intimation […]

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