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Primary Obligation is of Assessee to Prove Source of Credit in Bank Account

April 20, 2023 1206 Views 0 comment Print

Shanthi R. Pai Vs ITO (ITAT Bangalore) AO made addition of Rs.26,79,000/- on account of cash deposits. Assesee stated that she is a home maker &  her husband  was employed overseas as Chartered Accountant serving overseas  from 1975 to 2008. He used to send money from abroad and also invested in Term Deposits in India […]

No section 271B penalty when Assessee not Maintained Books of Account

April 19, 2023 1632 Views 2 comments Print

Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore) 271B Penalty- When the Assessee Has Not Maintained the Books of Account, There Is No Question of Getting the Books of Account Audited U/S 44AB Assessment was completed u/s 143(3) making  additions to the returned income u/s 44AD.  AO initiated penalty proceedings u/s 271A &  271B. […]

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

April 17, 2023 2916 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 921 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 1491 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 1548 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 6189 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 21648 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 2472 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 4380 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 […]

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