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Validity of holding of Income Tax Refund for pendency of Miscellaneous Application

April 27, 2021 1395 Views 0 comment Print

Holding legitimate refund due to the assessee assigning the reason that Miscellaneous Application is filed before the Income Tax Appellate Tribunal  is not as per Sections 240 and section 241 of  Income Tax Act, 1961. Section 240 covers the refund in case of Appeal effect. Punjab and Haryana High Court: Naurata Ram v. CIT [1998] 100 Taxman 266 […]

Section 40(a)(ia) disallowance for payment made to Non resident shipping companies – Draft submission

April 26, 2021 2907 Views 0 comment Print

Draft submission regarding applicability of section 194C , 195 and disallowance u/s 40(a)(ia) with regard to payment made to Non resident shipping companies Addition of Rs.4,61,811/- u/s 40(a)(ia) of the Income Tax Act for failure to deduct tax at source. This relates to AY 2007-08 The facts are that during the course of assessment proceedings, […]

Section 54 Deduction -House construction not completed- Draft Submission

April 24, 2021 2361 Views 0 comment Print

Deduction u/s 54 of the Act. Can be claimed as per law even construction of the house has not been completed and not occupied by the assessee Addition of Rs. 300000.00 on account of disallowance of deduction u/s 54 The assessee has shown income from Long Term capital gain from sale of property at Ambala […]

Section 68 addition by treating creditors as not genuine- Draft Submission

April 23, 2021 5100 Views 0 comment Print

Explore the implications of Section 68 of the Act regarding cash credits and the treatment of creditors as not genuine in our draft submission.

Genuine loss of Assessee disallowed by AO – Draft Submission

April 22, 2021 1845 Views 0 comment Print

Discover how a genuine loss of the Assessee was disallowed by the AO but allowed by the ITAT. Learn about the written submissions and observations that led to this outcome.

Section 144 Assessment based on credit entries in bank- Draft Submission

April 17, 2021 9294 Views 0 comment Print

Looking only at the credit entries of the bank and assessment made u/s 144. The assessment framed is vague without looking at the complete bank of the assessee. This article contains the written submissions regarding how important it is looking at the complete material for reopening of assessment and assessment framed u/s 144 of the […]

TDS on Purchase of Properties | Section 194IA ,271C, 273B

April 16, 2021 10533 Views 2 comments Print

Learn about TDS on purchase of properties under Section 194IA of the Income Tax Act. Understand the implications of failing to deduct TDS and the provisions of Section 273B.

Draft Submission under Section 40A(3) of Income Tax Act ,1961

April 14, 2021 4269 Views 0 comment Print

Written Submission in respect of Shri XXXXXXXX , XXXXXXX , XXXXXXXX , for the A.Yr. 2014-15 before the Hon’ble Commissioner of Income Tax(Appeals),XXXXXXXXX, XXXXXXXXi Respected Sir, Addition of Rs. 326000.00,Section 40A(3) of the Income Tax Act, 1961 Out of Total Purchases of Rs. 1005450.00(Including VAT) made during the F.Yr. 2013-14 the payment was made as […]

Cash deposit in bank treated as income | Judgments | Section 148 & 144

April 10, 2021 47904 Views 0 comment Print

Important Judgments in the written submissions when assessee is an agriculturist, trader, notice u/s 148 not received, cash deposit with the bank treated as income, 144 Assessment without gathering any material by A.O. and reopening u/s 147 without any tangible material. Written submissions in respect of Shri Xxxxxxxx for the A.Yr. 2011-12 before the Hon’ble […]

Section 148 Judgments on Improper Notice, Vague reasons, Cash Deposit, AIR

April 7, 2021 13932 Views 0 comment Print

Important judgements regarding service of notice u/s 148 when not in a proper manner, reasons recorded are vague, AIR information is not sufficient and deposit of cash and bank not always income of the assessee Written Submissions before the Hon’ble Commissioner of Income Tax (Appeals), Faceless in the case of Shri XXXXX XXXXXX, XXXXXX (XXXXXXXXXX) […]

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