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Limited scrutiny – Section 263 cannot be invoked for other reasons

August 14, 2022 3489 Views 0 comment Print

Sahita Construction Company Vs Pr.CIT (ITAT Indore) Perusal of records shows that assessee’s case was selected for limited scrutiny through CASS for verification of “contract receipts/fees mismatch, sales turnover mismatch and tax credit mismatch”. The issue of payment to contractors and tax deducted thereon was never a part of reasons for the limited Therefore, there […]

ITAT Indore condones Delay of 3 years and 276 days

August 13, 2022 471 Views 0 comment Print

Bhopal Dugdh Sangh Sahakari Maryadit Vs DCIT (ITAT Indore) The registry has informed that the appeal has been filed after a delay of 3 years and 276 days. The Ld. AR submitted that the assessee is a co-operative society registered under the provisions of M.P. Co-operative Society Act, 1960, engaged in the production and distribution […]

Instructions for AO after Adverse observations of Allahabad HC

August 7, 2022 11988 Views 2 comments Print

Income Tax Department Issues Instructions for Assessing Officers after Adverse Observations of Hon. Allahabad High Court in in Civil Misc. Writ Petition (Tax) No. 723 of 2022 in the case of S.R. Cold Storage Vs. Union of India and others. OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME-TAX UP (WEST) & UTTARAKHAND REGION AAYAKAR BHAWAN, […]

Amendment in Section 14A ‘Retrospective or Prospective’

August 6, 2022 5838 Views 4 comments Print

Understanding the retrospective and prospective application of amendment in Section 14A of the Income-tax Act.

Validity of notices or order issued without mentioning DIN

August 6, 2022 7086 Views 0 comment Print

Notices, Orders, Reports etc. Issued by Income Tax Department on or After 1st Oct,2019 without mentioning Computer Generated DIN are Invalid

No section 69A addition to Income of assessee who has only agricultural income

June 30, 2022 5580 Views 0 comment Print

Madhusudan Dhakad Harda Vs ITO (ITAT Indore) If a person has only agricultural income and no other income, then no addition can be made to the total income unless and until the AO proves that the assessee has any other source of income which is taxable under the Income-tax Act. Since the agricultural sector in […]

SC judgment not applies to Section 148 notice for AY 2013-14 to 2015-16

June 15, 2022 14034 Views 0 comment Print

Ajay Bhandari Vs Union of India (Allahabad High Court) Reassessment — Reopening of assessment — Reopening notice issued under unammended provisions — Reliefs sought in petition is to quash impugned notice u/s 148 — Held, as per Clauses 6.2 and 7.1 of Board’s Circular dated 11.05.2022, if a case does not fall under Clause (b) […]

HC directs govt to take action against officers erring in passing Assessment Order

May 30, 2022 2508 Views 0 comment Print

Harish Chandra Bhati Vs PCIT (Allahabad High Court) Personal Affidavit of Shri Tarun Bajaj, Revenue Secretary to The Govt. of India has been taken on record. It provides for initiation of suitable administration action against the erring officer where assessments are found to be high pitched or there is non-observence of Principles of natural justice, […]

HC directs proceeding against officers passing erroneous order

May 29, 2022 4260 Views 0 comment Print

Dharmendra Kumar Singh Vs Union of India (Allahabad High Court) Instruction F. No. 225/101/2021/-ITA-II, dt. 25/04/22 provides for initiation of suitable administrative action against the erring officer in case where assessments are found by the local committee to be high-pitched or where there is non-observance of principles of natural justice, non- application of mind or […]

Whether refunds in excess of 20% of demand pending appeal can be withheld/adjusted? High handedness of department -Rs 50000/- cost imposed

May 27, 2022 4524 Views 0 comment Print

Rajendra Kumar Vs ACIT (Rajasthan High Court) Sub-Whether refunds in excess of 20% of demand pending appeal can be withheld/adjusted? High handedness of department -Rs 50000/- cost imposed. The Division bench of Rajasthan High Court in this case was dealing with a matter where refund for AY 2018-19 was determined and upon notice u/s 245 […]

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