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How to respond Income Tax Notice where user not have E-filing Account

March 11, 2023 11115 Views 1 comment Print

Income Tax e-Portal has added a new feature that allows taxpayers to respond to any ITBA notice/document DIN that is not linked to a PAN/TAN or Notice under Section 133(6) where the user does not have an e-filing account with the entity to which the notice is issued.

Amendment to section 14A by Finance Act, 2022 applies Prospectively w.e.f AY 2022-23

March 3, 2023 7350 Views 0 comment Print

n this case addition was made u/s.14A r.w. Rule 8D by AO and confirmed by CIT (A) holding that Amendment  in Finance Act, 2022 in relation to disallowance u/s.14A r.w. Rule 8D is applicable retrospectively even if no exempted income was earned by assessee.

Gujarat HC quashed Section 148 notices for AY 2013-2014 & 2014-2015

February 27, 2023 27552 Views 0 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) HC held that substituted provisions of sections 147 to 151 shall be applicable w.e.f. 01.04.2021, and as per First Proviso to Section 149, limitation as specified under unamended provision as it stood prior to 01.04.2021, shall be applicable. As per unamended provision prescribing limitation, no notice can […]

Gujarat HC set aside section 148 notices & 148A(d) orders in 257 cases

February 26, 2023 14499 Views 1 comment Print

Keenara Industries Private Limited Vs ITO (Gujarat High Court) In the case of Keenara Industries Private Limited Vs ITO and other 256 cases Gujarat High Court set aside Notices under section 148 of Income Tax Act, 1961 and impugned orders under section 148A(d) on the ground of limitation. FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH […]

If foundational allegation found to be false/non-existing, entire subsequent proceedings would collapse

February 21, 2023 2130 Views 0 comment Print

If foundational allegation is missing in notice issued under Section 148A(b), the same cannot be incorporated by issuing a supplementary notice.

Information vs. Information suggesting escapement of income from tax

February 21, 2023 4056 Views 0 comment Print

Dr. Mathew Cherian Vs ACIT (Madras High Court) Facts of the Case: 1. There was a survey in Kovai Medical Centre and Hospital (in short KMCH or hospital) by the officials of the Income Tax Department, on 11.2021. In the course of the survey, various documents were found and seized that, according to the respondents, […]

Non-supply of material referred to in reasons to believe renders reassessment proceedings bad

February 21, 2023 3594 Views 0 comment Print

Non-supply of material referred to in reasons to believe would render reassessment proceedings bad, even though material for forming opinion may be sufficient

Validity of Notice Issued on Secondary E-Mail Id despite having Primary E-Mail Id

February 18, 2023 5928 Views 0 comment Print

Notice Issued on Secondary E-Mail Id Despite Having Primary E-Mail Id and Email Id Mentioned in the Last Filed ITR is Liable to be Quashed- Bombay High Court

Reassessment proceedings becomes null & void if no valid service of section 148 notice

February 17, 2023 6195 Views 0 comment Print

If there is no valid service of notice under section 148, the reassessment proceedings are null and void. service of notice under section 148 is a condition precedent for making reassessment or re-computation under section 147 of the Act.

Gujarat HC quashes section 148 notice & section 148A(d) order for AY 2014-15

February 13, 2023 8490 Views 2 comments Print

Vinod Fabrics Private Limited Vs ACIT (Gujarat High Court) Gujarat High Court quashes Section 148 notice along with order under section 148A(d) for AY 2014-15, Post SC decision in UOI vs. Ashish Agrawal FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT 1. The petitioner seeks to challenge the notice issued under Section-148 of the […]

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