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LTCG on Shares: Assumptions without substantial evidence of error shouldn’t trigger action u/s 263

June 27, 2024 384 Views 0 comment Print

Read the detailed analysis of the ITAT Delhi verdict in Pooja Mittal vs PCIT case, addressing the issues of Long Term Capital Gain and supervisory jurisdiction under Section 263.

Assessment not erroneous if AO adopts plausible view despite PCIT’s different opinion

June 27, 2024 237 Views 0 comment Print

If AO adopts a plausible view, even if two views are possible, the assessment cannot be deemed erroneous merely because the PCIT holds a different opinion.

On same observation & issue PCIT cannot direct to make enquiry what he deem fit

June 27, 2024 180 Views 0 comment Print

Detailed analysis of the ITAT Jodhpur decision in Gaurav Purohit vs PCIT, covering the grounds of appeal, legal arguments, and implications for future cases.

Section 263 should not be exercised at instance of assessing officer

June 27, 2024 276 Views 0 comment Print

The court highlighted that jurisdiction under Section 263 should not be exercised at the instance of the assessing officer. This precedent reinforced the Tribunal’s decision to set aside the PCIT’s order in Reeta Lakhmani’s case.

Loss of penny stock: Section 263 revision not valid if twin conditions not fulfilled

June 27, 2024 246 Views 0 comment Print

Explore the Calcutta High Court judgment in PCIT Vs Kaushalya Dealers Pvt Ltd under Income Tax Act 1961, focusing on Section 263 jurisdictional issues and assessment validity.

In Absence of Separate Source, Surrendered Amount Taxable as Business Income

June 27, 2024 240 Views 0 comment Print

Relying on various judicial precedents, including the cases of Harish Sharma vs. ITO and Daulatram Rawatmull vs. CIT, the representative contended that in the absence of any separate source of income, the surrendered amount should be treated as business income.

Income voluntarily surrendered during survey related to business is taxable as business Income

June 27, 2024 267 Views 0 comment Print

Understand Parmod Singla Vs ACIT (ITAT Chandigarh) case on excess stock surrendered during survey and its tax implications under Sections 69, 69A, and 115BBE.

Assessee Proves Shareholder Identity and Creditworthiness, Section 68 Application Unjustified

June 27, 2024 237 Views 0 comment Print

Assessee has placed sufficient documents and materials on record to prove identity and creditworthiness of shareholders and genuineness of transaction of receiving share capital and share premium, invoking provisions of Section 68 of was not justified

Section 69B & 115BBE inapplicable to Investments with source Disclosed in Books & Tax Returns

June 27, 2024 279 Views 0 comment Print

Read the detailed analysis of the ITAT Chandigarh verdict on DDK Spinning Mills vs DCIT, focusing on the implications of Section 69B and 115BBE of the Income Tax Act.

No section 68 addition if sister concern/group companies proves creditworthiness

June 27, 2024 210 Views 0 comment Print

Where it has been sufficiently established that share applicants had substantial creditworthiness and investments had been made by assessee’s own sister concern/group companies having mostly common directors and thus, establishing creditworthiness and genuinity of investments, additions under section 68 had been rightly been deleted.

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