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Amendment in Section 14A ‘Retrospective or Prospective’

August 6, 2022 6729 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 8109 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 8046 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 14856 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 3033 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 5022 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 5748 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 […]

Income Represented as Asset- Major Defense available to Assessee – section 149

May 18, 2022 21237 Views 1 comment Print

Learn about the major defense available to the assessee under section 149 of the Income Tax Act, 1961. Understand how income represented as an asset can benefit taxpayers.

CBDT Instruction on Implementing SC Judgment on Section 148 Notices

May 11, 2022 62283 Views 4 comments Print

CBDT issues Instruction No. 01/2022 regarding Implementation of Hon. Supreme Court’s Judgment in Union of India vs. Ashish Agrawal dated 04.05.2022 Instruction No. 01/2022 | Dated: 11th May, 2022 F. No 279/Misc./M-51/2022-ITJ Ministry of Finance Department of Revenue Central Board of Direct Taxes ITJ Section New Delhi Subject: Implementation of the judgment of the Hon’ble Supreme Court dated 04.05.2022 […]

Compulsory Income Tax Scrutiny criteria/Guideline for FY 2022-23

May 11, 2022 57255 Views 1 comment Print

CBDT Issues Guidelines for compulsory selection of Income Tax returns for Complete Scrutiny during the Financial Year 2022-23 and procedure for compulsory selection in such cases vide Instruction No. F.No.225/ 81/2022/ITA-II Dated: 11th May, 2022. CBDT notifies Scrutiny criteria/Guideline for following parameters for compulsory selection of returns for Complete Scrutiny-  1. Cases pertaining to survey […]

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