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No addition for mere non-production of directors of company advancing loan

May 16, 2023 1218 Views 0 comment Print

Explore the recent ITAT Delhi decision (Amit Tyagi vs DCIT) highlighting that the non-production of directors doesnt justify addition for advancing loans. Assessee’s documentary evidence, PANs, and banking transactions were deemed valid. Get insights into the arguments, observations, and legal perspective.

Provision for Standard Assets allowable under Section 36(1)(viia) of Income Tax Act

April 28, 2023 20784 Views 0 comment Print

ACIT Vs Jila Sahakari Kendriya Bank (ITAT Indore) Provision for Standard Assets Allowable under Section 36(1)(viia) of Income Tax Act, 1961

Donation To Rashtriya Komi Ekta Party Is Genuine: ITAT Ahmedabad

April 4, 2023 14691 Views 0 comment Print

ACIT Vs. Armee Infotech (ITAT Ahmedabad) RASHTRIYA KOMI EKTA PARTY IS ONE OF THE ‘23’REGISTERED UNRECOGNISED POLITICAL PARTIES. The grievance of the Revenue in its appeal for the Asstt.Year 2012-13 is that the ld.CIT(A) has erred in deleting disallowance of Rs.55 lakhs in respect of donation to political parties under section 80GGC of the Act. […]

Assessment invalid if completed without following standard operating procedure

March 22, 2023 8838 Views 0 comment Print

High Court held that Income Tax Faceless assessment order under section 143(3) rws 144B becomes invalid if Assessment is completed without following standard operating procedure (SOP).

NFAC bound by decision of jurisdictional High Court or ITAT, where AO was situated

March 11, 2023 5091 Views 0 comment Print

Decision of jurisdictional high court with jurisdiction over AO should be followed and applied by NFAC. Relief should not be refused to taxpayer merely because there was a conflicting decision of a non-jurisdictional high court.

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

March 11, 2023 12516 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 8229 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 28191 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 15342 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 2472 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.

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