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When freight charges were part and parcel of purchase of goods, TDS u/s 194C will not apply

September 28, 2023 12024 Views 1 comment Print

Explore Kalpesh Ganpatlal Patel Vs ITO case involving TDS on freight charges in trading business. Detailed analysis and conclusion of ITAT Ahmedabad’s decision.

Reassessment proceeding void if based on Change of Opinion Without New Evidence

September 21, 2023 1719 Views 0 comment Print

In the case of Bharat Electronics Ltd. Vs ACIT (ITAT Bangalore), the reassessment was found void as it relied on a mere change of opinion without new evidence.

Exemption u/s 54 Cannot Be Denied for Non-Compliance with 54(2)

September 21, 2023 1905 Views 0 comment Print

Learn about case of Smt. Maninder Kartik vs. DCIT (ITAT Delhi) regarding denial of exemption u/s 54 due to non-compliance and legal precedents that support taxpayer’s claim.

It is Inappropriate for AO to Demand Evidence of Non-occurrence of an event

September 21, 2023 1257 Views 0 comment Print

Read about case of ITO vs. Gammon Construction Pvt. Ltd. (ITAT Delhi), where inappropriate demand for evidence of a non-occurring event is discussed and resolved. Learn more here.

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

September 15, 2023 1560 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 2511 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 795 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 2478 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 8523 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 21297 Views 2 comments 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 […]

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