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

April 12, 2023 6918 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 22296 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 2775 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 4992 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 4536 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 4989 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 […]

Mistake in personal information of assessee trust is a rectifiable mistake u/s 154

December 7, 2022 2859 Views 0 comment Print

A rectification, on the other hand, can be filed only after assessee receives an intimation u/s 143(1) or assessment order is passed and intimated to the assessee. So rectification application is more appropriate a remedy when assessment is complete and assessee claims on the basis of the assessment record available with the Ld. AO, that there is a mistake apparent in the order arising from the assessment record and same be rectified.

 Deposit of money in bank a/c  preceded by withdrawal of money from very same bank a/c – ITAT accepts Source 

November 24, 2022 9486 Views 0 comment Print

Assessee, a retired bank employee earning pension, deposited   Rs.15 lakhs cash  in his bank account on 13.11.2016 which he explained as withdrawal on 13.10.2015  or a perceived need and kept the cash with him and the very same cash was deposited . AO rejected the explanation   for the reason that the assessee failed to explain the perceived need for which cash was withdrawn holding that  no prudent person would keep cash and lose interest if he deposits the money in FD.  AO treated the cash deposit u/s 69A.  CIT(A) confirmed the addition.

20% of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases

November 22, 2022 14715 Views 0 comment Print

Writ petition were filed challenging the order  dismissing the Petitioner’s application for stay of demand and directing the Petitioner to pay 20% of the total outstanding demand.

Rural agricultural land converted for non-agricultural purposes but factually continued to be used for agriculture is not a capital asset in spite of conversion

November 19, 2022 4347 Views 0 comment Print

Rural agricultural land converted for non-agricultural purposes but factually continued to be used for agriculture is not a capital asset in spite of conversion

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