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Initiating Penalty Without Recording Satisfaction Vitiates section 271D Proceedings

May 7, 2024 3690 Views 0 comment Print

Section 271D penalty proceeding cannot be initiated if AO fail to record his satisfaction before initiating penalty penalty proceeding in respect of violation of provisions of section 269SS of Income Tax Act,  1961.

Investments from NRE Accounts not taxable under Section 10(d) of Income Tax

May 6, 2024 6444 Views 0 comment Print

Explore the Gujarat High Court judgment on reopening an NRI assessment, analyzing investments from NRE accounts and failure to file income returns. Detailed legal insights provided.

Cancellation of liquor License Requires Cogent Material: Allahabad HC

May 6, 2024 891 Views 0 comment Print

Detailed analysis of Sandeep Singh vs. State of U.P. regarding cancellation of liquor license under United Provinces Excise Act 1910 by Allahabad High Court.

Section 43B deduction cannot be denied merely for not claiming in tax audit report

May 6, 2024 3453 Views 0 comment Print

Explore the detailed analysis of Maruti Enterprise Vs ADIT(CPC) case by Rajkot ITAT regarding the allowance of deduction U/s 43B based on payment basis. Understand the implications of tax audit report discrepancies.

ITAT allows rectification of mistake of applying registration in Form 10AB instead of Form 10A

May 6, 2024 3147 Views 0 comment Print

Explore the Mandava Foundation vs. ITO case, where the Hyderabad ITAT condones an assessee’s mistake in registration, allowing them to rectify the error and granting regular registration.

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

May 6, 2024 2034 Views 0 comment Print

Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition of penalties under Section 271(1)(c)

Bullion Purchases: LBMA Rates vs. KITCO and Reuters for ALP

May 6, 2024 723 Views 0 comment Print

ITAT considered the justification provided by the assessee, which referenced KITCO and Reuters databases for determining transaction prices. However, the Transfer Pricing Officer (TPO) argued that the London Bullion Market Association (LBMA) should be the primary source for estimating bullion trading prices.

Forging amounts to manufacturing within the ambit of Section 80IB: Delhi HC

May 6, 2024 648 Views 0 comment Print

Explore the Delhi High Court’s judgment on royalty payments by Dabur India Ltd, implications for tax deductions under Sections 80IC & 80IB, and its impact on industrial undertakings.

PCCIT sanction Required for Reopening Notice After 3 Years: Bombay HC

May 6, 2024 2331 Views 0 comment Print

Impugned order and notice indicated that sanctioning authority was PCIT. However, since issuance date of both documents was beyond three years from relevant assessment year, Section 151(ii) of Act mandated that sanctioning authority should have been PCCIT.

Gross Profit Addition on Bogus Purchases should Align with Genuine Ones

May 6, 2024 1794 Views 0 comment Print

ITAT held that if sales are not disputed and there is no discrepancy between purchases and declared sales, addition should be restricted to bring gross profit on alleged bogus purchases in line with other genuine purchases.

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