Income Tax - Page 4

Income Tax Department conducts searches in J&K

The Income Tax Department carried out search and seizure actions on 22/10/2020 on a group of three assessees, based in Srinagar. Searches were conducted at 15 residential and business premises, out of which 14 were in Srinagar and 1 in Delhi....

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Instructions for filling out Form ITR-7 for A.Y. 2020-21

These instructions are guidelines for filling the particulars in Income-tax Return Form-7 for the Assessment Year 2020-21 relating to the Financial Year 2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962....

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Instructions For Filling Out FORM ITR-6 for A.Y. 2020-21

These instructions are guidelines for filling the particulars in Income-tax Return Form-6 for the Assessment Year 2020-21 relating to the Financial Year 2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which this Return Form is applicable ...

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Instructions for filling out Form ITR-5 for AY 2020-21

These instructions are guidelines for filling the particulars in Income-tax Return Form-5 for the Assessment Year 2020-21 relating to the Financial Year2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which this Return Form is applicable T...

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Instructions for filling ITR-4 SUGAM for A.Y. 2020-21

These instructions are guidelines to help the taxpayers for filling the particulars in Income-tax Return Form-4 for the Assessment Year 2020-21 relating to the Financial Year 2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962....

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Instructions for filling out FORM ITR-3 for AY 2020-21

These instructions are guidelines for filling the particulars in Income-tax Return Form-3 for the Assessment Year 2020-21 relating to the Financial Year 2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which this Return Form is applicable ...

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Instructions for filling out Form ITR-2 for AY 2020-21

These instructions are guidelines for filling the particulars inIncome-tax Return Form-2 for the Assessment Year 2020-21 relating to the Financial Year 2019-20. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962. 1. Assessment Year for which this Return Form is applicable T...

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Instructions for filling ITR-1 SAHAJ for A.Y. 2020-21

These instructions are guidelines to help the taxpayers for filling the particulars in Income-tax Return Form-1 for the Assessment Year 2020-21 relating to the Financial Year2019-2020. In case of any doubt, please refer to relevant provisions of the Income-tax Act, 1961 and the Income-tax Rules, 1962....

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HC admits plea challenging validity of Sections 49, 50CA, 56 & Income Tax Rules 11U, 11UA, 11UAA, 11UAC and 11UAD

The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court)

The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court) Hon. Bombay High Court admits Petition filed under Article 226 of the Constitution of India, Petitioners have challenged the validity of various provisions of Sections 49, 50CA and 56 of the Income Tax Act, 1961 as well as provisions […...

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Aadhaar based PAN card with e-KYC

Aadhaar based instant PAN is a new facility announced by the Income tax department to avail PAN card within a 10 minutes. Instant PAN generation is an easy and time saving process. This facility can be simply accessed by the PAN applicants who have a valid Aadhaar number and mobile number registered with their Aadhaar […]...

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Extend Tax Audit/TP Audit/ITR due date of AY 2020-21

Direct Taxes Professionals’ Association, Kolkata has made a Request to consider extension in the dates of furnishing of Tax Audit Report under section 44AB and audit report under sec. 92E of the Income Tax Act and the due date of filing ITRs of A Y 2020-21. Ref. No. DTPA/Rep/20-21/2 Date: 22.10.2020 To, Smt. Nirmala Sitharaman […...

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Revised Form 3CD Schema released after 21 days of Applicability

Form 3CD revised wef 01.10.2020 vide Notification No. 82/2020-Income Tax Dated: 1st October, 2020 but Schema for the same changed on 22.10.2020. Now the Question arises here is what is the status of Tax Audit Report Submitted on or after 01.10.2020 until the release of New Schema. Are they invalid Tax Audit Reports & Who […]...

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Tax Audit Due Date extension- Writ Filed in Various HC – Status

1. The Rajasthan Tax Consultants Association vs. Union of India (Rajasthan High Court), D.B. Civil Writ Petition No. 12605/2020 As per sources The Rajasthan Tax Consultants Association has filed a writ with Hon’ble Rajasthan High Court on 19.10.2020 which got registered on 21.10.2020 for Granting extension of Tax Audit due date for AY 2...

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Reopening based on mere AIR Information without Application of Mind is Invalid

Raj Kumar Maheshwari Vs ITO (ITAT Jaipur)

The issue under consideration is whether the re-opening of assessment u/s 147 by AO is justified in law? The reopening of the assessment by the AO is without application of mind and simply going by the information received as per AIR Data. Hence the reopening of the assessment is quashed being invalid....

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Section 68 Addition not Justified for Unexplained Deposit in Bank Account

Dirisala Bala Murali Vs ITO ( ITAT Visakhapatnam)

The issue under consideration is whether the AO is justified in making addition u/s 68 towards alleged unexplained deposit in the bank account in as much as a bank account is not a book of account maintained by the appellant?...

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How to Calculate TDS on Salary

TDS: Tax Deducted at Source was established for collecting tax from the income sources according to the Indian Income Tax Act of 1961. TDS is helpful in minimizing tax evasion by taxing the income at the time than at an after date. The deductor who is responsible for making payment of income to the deductee […]...

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Extend due date of Tax Audit, ITR Filing & Relevant compliances

Request for extension of time for submission of tax audit reports  U/S 44AB of the Income Tax Act,1961 for the A.Y.2020-21 and for extension of time for submission of income tax returns u/s 139(1) for A.Y.2020-21 and other consequential Income Tax compliances....

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Mitsui India Pvt. Ltd (MIPL) is not a DAPE of Mitsui & Co. Japan

ACIT Vs Mitsui & Co. Ltd. (ITAT Delhi)

ACIT Vs Mitsui & Co. Ltd. (ITAT Delhi) The AO asked the assessee to explain why Mitsui India Pvt. Ltd (MIPL) should not be treated Dependant Agent Permanent Establishment (DAPE) in India and also why the assessment should not be completed as per the preceding assessment year since the facts remain the same. Rejecting the […]...

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Extend Due dates of GST Annual Returns & Income Tax audit

Bhartiya Udyog Vyapar Mandal has made a representation for Extension of Due date of GST Annual Returns and Income Tax audits and compliance of Notices to Honble Union Finance Minister, Smt. Nirmala Sitharaman. Text of the Representation is as follows:- BHARTIYA UDYOG VYAPAR MANDAL Smt. Nirmala Sitharaman Honble Union Finance Minister Nort...

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Income Tax on Sale & Purchase of Motor Vehicle In India

Motor Vehicle includes Cars, buses, motorcycles, off-road vehicles, light trucks and regular trucks. In India there are more than 300 million operating vehicles. In this modern era everyone wants to be travel fast overcoming the hindrance of traffic and motor vehicles allows you to travel fast comfortably. India has 22 cars per 1000 indiv...

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Abuse of power by taxmen and remedies

Pavan Ved  Abuse of power by taxmen is common both in direct and indirect taxes. Many times the taxpayers feel they have no remedy and they have to suffer such harassment. This article is an attempt to make taxpayers aware as to the remedies which they have against such taxmen who abuse their powers. Read […]...

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No section 194C TDS on Reimbursement of Freight Charges to C&F Agents

Zephyr Biomedicals Vs JCIT (High Court of Bombay at Goa)

The issue under consideration is whether the payments made to C & F agents which is outright reimbursement of freight charges having no element of profit is liable to deduct tax at source under Section 194C of IT Act?...

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Difference between purchase price of land vis-a-vis Jantri Value could not be treated as assessee’s income

Jamanbhai D. Kalaria Vs DCIT (ITAT Rajkot)

AO was not justified in treating assessee's transaction of purchase of agricultural land from his wife as colorable device to avoid the legitimate payment of tax on mere difference between purchase price declared by assessee vis-a-vis Jantri Value as assessee had discharged his primary onus by furnishing the necessary details to justify t...

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Income from product distribution taxable as ‘business income’ not ‘Royalty’

Turner Broadcasting System Asia Pacific Inc. Vs DDIT (ITAT Delhi)

Since distributor of the products did not have any right to change the content hence, the revenue derived on account of distribution of the products was business income and under no circumstance, could be held to be royalty. Assessee had already offered income as business income in terms of the MAP, therefore, the income as declared by as...

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Additions made without issuing show cause notice were invalid

Lal Construction Company Vs DCIT (ITAT Hyderabad)

Lal Construction Company Vs DCIT (ITAT Hyderabad) During the assessment proceedings u/s.143(3) of the of the Income Tax Act [Act], the Assessing Officer (AO) noticed that there is a difference between the total receipts offered to tax by the assessee and the receipts reflected in Form-26AS. The AO after hearing the assessee, considered th...

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No section 68 Addition for URD Purchase supported with Strong Evidences

Baser Ahmed Sisodia Vs ITO (Supreme Court)

The issue under consideration is whether claim to purchase of goods by the assessee could be dealt with u/s 68 of the Income Tax as a cash credit, by placing burden upon the assessee to explain that the purchase price does not represent his income from the disclosed sources?...

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AO cannot Pass Order in Hasty Manner without considering the material produced by an assessee,

IY TEE CEE Trading Company Vs ACIT (Kerala High Court)

The issue under consideration is whether the petitioner firm had correctly accounted for the deposits made in its account during demonetization?...

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ITAT Restored Case to AO Regarding TDS Applicability u/s 194A on Financial Charges Paid for Car Loan

Samir Synthetics Mills Vs DCIT (ITAT Ahmedabad)

The issue under consideration is whether the disallowance u/s 40(a)(ia) is justified for non deduction of TDS u/s 194A on financial charges paid for car loan?...

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Section 40A(3) of Income Tax Act, 1961 read with Rule 6DD

Article explains Section 40A(3) of Income Tax Act, 1961 read with Rule 6DD i.e. Cash Payment in excess of Rs. 10,000 to single person in a single day, Exception to Section 40A(3) of Income Tax Act, 1961 (Rule 6DD), Clauses omitted by the Income-tax (3rd Amendment) Rules, 2020 and Important Notes related to Section 40A(3) […]...

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Tax Planning, Tax Evasion, Tax Avoidance & Tax Management

All about different terms under Income Tax Act, 1961 Tax Planning, Tax Evasion, Tax Avoidance & Tax Management Very Simple analysis of different terms under Income Tax Act, 1961 Tax Planning, Tax Evasion, Tax Avoidance & Tax Management is as under:- 1) Tax Planning Tax Planning means reducing tax liability by taking advantage of t...

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Taxability of Interest subsidy or Interest Free loan received by an employee from his employer

Now-a -days most of the employers, especially the companies have been providing loans to their employees for the purpose of purchase / construction of a houses or purchase of vehicles. Such loans are either interest-free or at concessional rate of interest. These loans are being advanced in order to make the salary package more attractive...

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Permanent Account Number for NRI’s

PAN card may be issued based on the copy of the NRI’s passport as ID proof and copy of passport/copy of bank account in the country of residence as the requisite address proof. As per the new guidelines, an applicant who is:a) A citizen of India but residing outside India at the time of making the application; or ) A foreign citizen; or...

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International taxation has become complex

Complex tax laws pose problems both in interpretation and implementation. Which is why tax legislation and treaties should be simple and understandable to the common man and those in trade, reasoned Chief Justice Swatanter Kumar of the Bombay High Court when speaking at the International Tax Conference, organised by IFA (International Fis...

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Transfer Pricing: Functionally dissimilar comparable cannot be adopted

M/s. Blue Yonder India Private Limited, (Formerly JDA Software India Private Limited) Vs DCIT (ITAT Bangalore)

M/s. Blue Yonder India Private Limited, (Formerly JDA Software India Private Limited) Vs DCIT (ITAT Bangalore) E-INFOCHIPS LIMITED- The Annual Report of e-Zest Solutions Limited for assessment year 2010-2011 (placed at page 527 to 534 of the paper book) clearly demonstrates that it is engaged in end to end product development, including p...

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Assessee can take a stand contrary to their TP study

LSI India Research & Development India Private Limited, [Erstwhile Broadcom Communications Technologies Private Ltd. since merged] Vs DCIT (ITAT Bangalore)

It is open to the parties in Transfer Pricing cases to take a stand contrary to their TP study, if they contend that the stand taken in the TP study is contrary to facts or was erroneous. Such a claim cannot be disregarded only on the basis that it is contrary to Assessee’s own stand in the TP study....

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No Tax on Interest accrued/ received by Indian PE from its HO/ overseas branches

MUFG Bank Ltd. Vs ACIT (International Taxation) (ITAT Delhi)

MUFG Bank Ltd. Vs ACIT (International Taxation) (ITAT Delhi) With respect to the addition on account of the interest received by Indian branches from head office and other overseas branches amounting to ₹ 3,499,476/–. During the year , assessee has received an interest of ₹ 3,499,476 from its head office and overseas branches. The a...

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RTCA files writ in HC for Tax Audit Due date extension (Read Petition)

Rajasthan Tax Consultants Association  has filed a writ with Hon;ble Rajasthan High Court to direct the CBDT to decide the representation of the RTCA requesting extension  due date of filing of Tax Audit Report and Income-tax Return for the assessment year 2020-2021 till December 31, 2020. Relevant Text of the Petition is as follows:- T...

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Appellate Authorities can accept Additional Claim under Section 54

Smt. Monika Jain Vs ITO (ITAT Delhi)

Smt. Monika Jain Vs ITO (ITAT Delhi) The issue under consideration is whether the additional claim (section 54 exemption Claim) will be allowed to be presented in front of appellate authorities? ITAT states that, the Assessing Officer has been barred from accepting any new claims, but no such bar has been imposed on the appellate [&hellip...

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Extend due date for filing Tax Audit Report & Return

All Odisha Tax Advocates Association (AOTAA) requested to consider the genuine difficulties of the Tax Payers and Tax Professionals and to extend the due date of filing of the Tax Audit Reports for the A.Y. 2020-2021 from 31st October, 2020 to 31st March, 2021 and for filing the income tax returns from 30th November, 2020 […]...

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Income Tax Department carries out searches in Bihar

The Income Tax Department carried out searches on 19.10.2020 in the cases of two Government contractors having premises in Purnea, Katihar and Saharasa and a silk trader in Bhagalpur in Bihar. The searches were based on intelligence gathered, which indicated that large scale unaccounted cash was being generated and used for various purpos...

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Income from bandwidth services provided outside India cannot be taxed as ‘Royalty’ under India-Singapore DTAA

Telstra Singapore Pte. Ltd. Vs DCIT (International Taxation) (ITAT Delhi)

Income received on providing bandwidth services outside India was not taxable as ‘Royalty’ under India-Singapore Double Taxation Avoidance Agreement (DTAA) as mere receipt of service using equipment under the control, possession and operation of service provider would only be considered as transaction of a service and not to 'use or r...

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Various Type of Assessment & amp; Study of Best Judgement Assessment

Self assessment - The assessee is required to make a self assessment and pay the tax on the basis of the returns furnished. Any tax paid by the assessee under self assessment is deemed to have been paid towards regular assessment. Regular assessment - On the basis of thereturn of income chargeable to tax furnished by the assessee an intim...

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Conditions Precedent for Reopening of Assessment beyond 4 Year- Section 147

In view of the Proviso to s. 147, merely having a reason to believe that income had escaped assessment is not sufficient to reopen assessments but it must be specifically alleged by the AO in the recorded reasons that the escapement was on account of the failure of the assessee to make a full and true disclosure of material facts. In the ...

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Income Tax Refund and Right to Information Act (RTI)

If there is one area in the income-tax administration which has remained perennially incurable, it is the Refunds, we shows you an easy way to solve the problem. In a Press Release dated April 19, 2007, the Central Board of Direct Taxes stated: “It has been reported in some sections of the media that a large number of taxpayers are awai...

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Analysis of Section 172 applicable on Profit of foreign Shipping Company

Section 172 of income tax act is a special provision which deals with levy and recovery tax from foreign shipping companies. It specifies that every foreign shipping company has to declare a certain percentage of profit on its freight income and pay tax on it....

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CBDT amends Rule 67- Investment of fund moneys by Recognised Provident Funds

Notification No. 84/2020-Income Tax [G.S.R. 664(E)] (22/10/2020)

CBDT amends Income Tax Rule 67 related to Investment of fund moneys by Recognised Provident Funds and allowed investment of Funds in Securities having Single Rate ‘A’ or above. Earlier Investment were allowed in Securities having sible Rate of ‘AA’ and above. Notification No. 84/2020-Income Tax Dated: 22nd October,...

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Membership Fees Paid to Stock Exchange Allowed as Capital Expenditure

BGSE Financials Ltd. Vs DCIT (ITAT Banglore)

The issue under consideration is whether the sum of admission fees paid to stock exchange will be allowed as capital expenditure? In light of Hon’ble Supreme Court judgement in the case of Techno Shares and Stocks Limited (supra) membership of stock exchange is to be treated as a capital asset....

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Extend due date for filing of Tax Audit reports, TP Audits & ITR

Request for Extension of due date for filing of Tax Audit reports, Transfer Pricing (TP) Audits and Income-tax returns-AY 2020-21 till 31st March 2021....

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List of Allowances/Perquisites/Deductions available to salaried persons

If you are a salaried person, you have a right to claim the benefits of an exemptions available on your few parts of the salary components given either in the form of ‘Allowances or Perquisites’. Here is the list given of most of the common exemptions which can be availed by a salaried person on […]...

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Advance receipt by Lending Company in the course of business cannot be treated as Deemed Dividend

DCIT Vs Svarna Infrastructure & Builders Pvt. Ltd. (ITAT Kolkata)

The issue under consideration is whether the receipt of advance vis-a-vis no accumulated profit in case of lending company is considered as deemed dividend u/s 2(22)(e)?...

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Profit Enhanced due to disallowance u/s 40(a)(ia) allowed for Dedcution u/s 10AA

JCIT Vs Mphasis Ltd. (ITAT Bangalore)

The disallowance of the expenditure u/s 40(a)(ia) would automatically enhance the taxable income of the assessee and the assessee is eligible for the deduction u/s 10A of the Income-tax Act on the enhanced income....

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No section 271E penalty if payments were genuine & duly accounted

Sudha Agro Oil & Chemical Industries Limited Vs Add. CIT (ITAT Visakhapatnam)

Penalty under section 271E for violation of provision of section 269T could not be levied as assessee-company repaid loans advances otherwise than by crossed cheque, however, it substantiated with relevant documents that all the payments made by it were genuine and all the creditors accounted the loans as well as the repayments in their b...

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Procedure for filing TDS returns with insufficient deductee PAN

As per instructions issued by the Central Board of Direct Taxes (CBDT), it is mandatory for deductors to file TDS/TCS statements with a threshold limit of Permanent Account Number (PAN) of deductees. To facilitate deductors who face problem in filing TDS returns because of insufficiency of PAN of the deductees and also to accommodate the ...

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Income Tax Survey – Frequently Asked Questions

Q1. Whether notice is required to be issued to the assessee before initiating survey? No, the section does not require prior notice of the survey to be given to the affected person - N.K. Mohnot v. Dy. CIT [1995] 215 ITR 275/83 Taxman 238 (Mad.). Q2. Which are the authorities empowered to conduct a survey? Section 133A of the Income-tax...

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Taxpayers need not pay interest if not specified in assessment order

Taxpayers can take advantage of the decision of the Mumbai Bench of the Income-Tax Appellate Tribunal. The tribunal, in a recent order, held that a taxpayers need not pay interest, if the assessment order does not clearly mention the quantum of interest....

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AO cannot reject selection & valuation methods adopted by taxpayer

GSE Commerce Private Ltd. Vs ACIT (ITAT Bangalore)

GSE Commerce Private Ltd. Vs ACIT (ITAT Bangalore) The A.O. was of the view that the shares of the company have been over valued and accordingly asked the assessee to justify the valuation. After considering the explanations of the assessee, the A.O. took the view that the valuation report has been prepared on the basis […]...

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Extension of ad-hoc appointment of 694 Income Tax Officers

Notification No. F.No.A-32013/3/2017-Ad.VI (20/10/2020)

I am directed to refer to the abovementioned subject and to convey concurrence of the Department of Personnel & Training (DoP&T) in respect of 694 officers, as in Annexure-A, for extending the ad-hoc appointment to the grade of Income Tax Officer till 31.12.2020, made by the respective Cadre Controlling Authorities (CCAs)....

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Benefits For Senior Citizens Under Income Tax Act 1961

In our country, great respect has been given to the Senior Citizens in all fields including under the Income Tax Act. In all modes of travelling concessional rates are provided either by Air, Train or Road, separate queue etc. Under the Income Tax Act, benefits are given to Senior Citizen and Very Senior Citizen that […]...

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Basics of Income Escaping Assessment – Section 147 – Income Tax Act, 1961

1) Section 147 of the Income Tax Act, 1961 dealt with 'Assessment or Re-assessment of Incoming Escaping Assessment'. 2) Re-Assessment of Income is possible only in the case of Section 147 & Section 153A i.e. Reassessment in the case of search & Seizure....

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No disallowance u/s 14A if assessee does not have tax-free income

Section 14A has been inserted in Chapter IV of the Income tax Act by the Finance Act, 2001, with retrospective effect from 1-4-1962. This Section provides for disallowance of expenditure incurred in relation to income which is not included in the total income of the assessee (i.e. exempt income). The operative part of this Section reads a...

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Section 143(1) Notice for Arithmetical error – but none found

In case you received a notice u/s 143(1) saying there exist an arithmetical error in you Return probably stating that ‘In Schedule BP, Sl. No. D. Income chargeable under the head PGBP(A38+B43+C49) and the sum of amounts entered in A38+B43+C49 are inconsistent‘, you must have tried adding those figures again to just to find tha...

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Limitation of interest deduction- section 94B – Thin Capitalization

Many countries limit the amount of interest expenses of multinational companies (MNC). An enterprise who has borrowed capital in form of loan from its associate enterprises can claim deduction of interest paid and payable to associated enterprises. Foreign companies have several models to infuse capital in its associated company situated ...

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CBDT revises guidelines for intrusive or coercive tax recovery

F.No.275/29/2020-IT(B) (19/10/2020)

Corrigendum to Order under section 119 of the Income-tax Act, 1961 dated 16.10.2020 for exercising power of intrusive or coercive action for recovery of tax demand by Assessing Officers or Tax Recovery Officers. F.No.275/29/2020-IT(B) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes North Block, ...

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CBDT issues guideline on power of survey under section 133A

Order No. F No. 187/3/2020-ITA-I (19/10/2020)

Order under section 119 of the Income-tax Act, 1961 for exercising power of survey u/s 133A of the Income-tax Act, 1961 and in pursuance of The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 Regarding...

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HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion

Director of Income-Tax International Taxation Vs Intel Capital (Cayman) Corporation (Karnataka High Court)

Director Of Income-Tax International Taxation Vs Intel Capital (Cayman) Corporation (Karnataka High Court) HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion Conclusion: AO was not justified in computing capital gains by adopting the cost of a...

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Compulsion of Tax audit under clause (d) & (e) of section 44AB r.w. 44AD & 44ADA

Whether audit of accounts under clause (d) & (e) of section 44AB read with section 44AD & 44ADA of the IT Act is compulsory for an assessee? It is pertinent to mention that out of the total 5 (Five) conditions of compulsory audit of accounts of certain persons carrying on business or profession, under section […]...

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Section 50C not applicable to leasehold rights

Noida Cyber Park Pvt. Ltd. Vs ITO (ITAT Delhi)

Noida Cyber Park Pvt. Ltd. Vs ITO (ITAT Delhi) Section 50C(1) of the Act, in so far as it is relevant for our purpose, prescribes that where the sale consideration received or accruing as a result of the transfer by an assessee of a capital asset, being ‘land or building or both‘, is less than […]...

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Tolerance range for wholesale trading & other cases for AY 2020-21

Notification No. 83/2020-Income Tax [S.O. 3660(E)] (19/10/2020)

Notification No. 83/2020-Income Tax Central Government hereby notifies that where the variation between the arm's length price determined under section 92C of the said Act and the price at which the international transaction or specified domestic transaction has actually been undertaken does not exceed one per cent. of the latter in respe...

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In absence of new facts reopening of already examined issue was invalid

Mina Kumari Sahoo Vs ITO (ITAT Cuttack)

Assessing Officer has taken into consideration the facts and estimated the profit taking into deposits in the bank accounts. Thereafter, there were no new facts before the Assessing Officer which could justify the reopening. On these facts, it was nothing more than change of mind by the Assessing Officer, and a reopening of assessment on ...

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ITBA Appeal Module for pending appeals to be allocated to Faceless Appeal Units

ITBA-Faceless Appeals Instruction No –1 (19/10/2020)

Faceless Appeal Scheme has been implemented in ITBA and the allocation of cases to Faceless Appeal units is under progress. A number of requests have been received from the field formation for opening of the Appeal module in ITBA to enable the CIT (Appeals ) to upload the physical records and submissions made by the appellant in the syste...

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Payment for international freight logistic support services & Global Account Management expenses cannot be treated as technical services fee

ACIT Vs Expeditors International of Washington (ITAT Delhi)

Amount paid for international freight logistic support services and Global Account Management (GAM) expenses by assessee-foreign company to Indian company could not be treated as Technical Services or Fee for Included Services (FIS) and also could not be taxed under section 9(1)(i) as no income had accrued or arised from the business conn...

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HC: Interest payable on delayed Income Tax Refund Interest

CIT Vs Syndicate Bank (Karnataka High Court)

CIT Vs Syndicate Bank (Karnataka High Court) Conclusion: When an order of refund was issued, the same should include interest payable on the amount, which was refunded. If the refund did not include interest due payable on the amount refunded, the revenue would be liable to pay interest on the short fall. This did not […]...

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Exchange fluctuation loss related to acquiring of fixed asset was capital loss

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court)

Continuum Wind Energe (India) Pvt. Ltd. Vs DCIT (Madras High Court) Conclusion: Amount paid towards the premium for hedging foreign exchange fluctuations was capital loss as exchange difference was required to be capitalized because liability had been incurred by assessee for the purpose of acquiring fixed asset namely plant and machinery...

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Amount paid as compensation to related company in respect of vacation of property was allowable business expenditure.

Peerless General Finance & Investment Co. Ltd. Vs DCIT (ITAT Kolkata)

Peerless General Finance & Investment Co. Ltd. Vs DCIT (ITAT Kolkata) Conclusion: Amount paid as compensation by assessee to related company in respect of vacation of property occupied by that company was made after much negotiation and it was thus in accordance with business of assessee and therefore, the same was allowable. Held:  ...

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Deemed dividend provisions not attracted to running account with Group companies to meet business exigencies

Budhia Agencies Pvt. Ltd. Vs DCIT (ITAT Kolkata)

Budhia Agencies Pvt. Ltd. Vs DCIT (ITAT Kolkata) Learned authorized representative vehemently contends that the impugned deemed dividend addition is not sustainable in the eyes of law. His case as per page 4 of the paper-book indicating the assessee’s ledger in the books of M/s Republic Tractor Motor Pvt. Ltd. is that it had been [&hell...

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HC upheld Tribunal decision of estimating Profit @2% of Total Credits

PCIT Vs Shitalben Saurabh Vora (Gujarat High Court)

PCIT Vs Shitalben Saurabh Vora (Gujarat High Court) The issue in the present case relates whether the amount deposited by the assessee in the form of cash/cheques represents the income of the assessee. Admittedly, there was huge deposit of cash/cheques in the bank account of the assessee. But on perusal of the bank statement, it […...

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ITAT disallows provision for professional Cost for inconsistent accounting policies

Bain & Company India Private Ltd. Vs DCIT (ITAT Delhi)

Bain & Company India Private Ltd. Vs DCIT (ITAT Delhi) We find the AO in the instant case disallowed the provision of professional cost amounting to Rs. 94,97,000/- debited to the profit and loss account on the ground that the assessee could not substantiate the basis for making the said provision. There was no invoice […]...

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TDS not deductible on Trade Offers Provided to Distributors

Nokia India Pvt. Ltd Vs Acit (ITAT Delhi)

Assessee made the detailed submissions inter alia contending that the provision of section 194H, 194C, 194J were not applicable to the case because the payment was not for any contractor of services or work, there was no relationship of agency....

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Issue examined under original assessment proceeding cannot be reexamined

DCIT Vs Manav Realty (ITAT Pune)

DCIT Vs Manav Realty (ITAT Pune) It is evident from the reasons recorded by the AO that the initiation of reassessment proceedings was premised on the fact that the commencement took place at a date in variance with the one stated by the assessee in the original assessment proceedings. The ld. CIT(A) has aptly recorded […]...

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Roaming charges not ‘fee for technical services’ to attract section 194J TDS

DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai)

DCIT TDS Vs Reliance Communications Ltd. (ITAT Mumbai) Roaming charges paid by the assessee to the other telecom service provider are not in the nature of ‘fee for technical services’ no TDS under section 194J is liable to be deducted. Once there is no liability for deducting tax at source, question of charging interest under [&hellip...

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Bogus long-term capital gain on sale of shares- ITAT upheld Addition

Sudha Eashwar Vs ITO (ITAT Chennai)

Sudha Eashwar Vs ITO (ITAT Chennai) The assesse is claiming exemption by way of long term capital gains claimed by it to be earned on sale and purchase of Turbotech Engineering Ltd. by invoking provisions of Section 10(38) of the 1961 Act and onus is on the assessee to prove that these gains are genuine […]...

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Section 271E penalty cannot be imposed for Payment for purchases

B. P. Patel and Co. Vs ITO (ITAT Ahmedabad)

B. P. Patel and Co. Vs ITO (ITAT Ahmedabad) It is elementary to say that the ‘satisfaction’ can only be formed by the person who is competent to impose penalty and not a lower ranking authority. The law provides for imposition of penalty by an officer of the rank of the Joint Commissioner. Thus, the […]...

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Penalty justified for failure to maintain Transfer Pricing Documents

DCIT Vs Convergys Customer Management Group Inc. (ITAT Delhi)

DCIT Vs Convergys Customer Management Group Inc. (ITAT Delhi) It is mandatory for all taxpayers, without exception, to obtain an independent accountant’s report in respect of all international transactions between associated enterprises or specified domestic transactions. The report has to be furnished by the due date of the tax ret...

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Trust managing Liquid & Solid Industrial Wastes can claim section 11 exemption

DCIT- Exemptions Vs Naroda Enviro Projects Ltd. (ITAT Ahmedabad)

DCIT-Exemptions Vs Naroda Enviro Projects Ltd. (ITAT Ahmedabad) We find that main object of assessee company was converted as per Section 25 of Companies Act clarifies that assessee company is in area of environmental protection, abetment of pollution of water, air, solid, etc. generated by industrial units in and around Vatva and Odhav a...

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Vodafone Case: Long Decade Batte Took A U-Turn

The table turning judgement of the Permanent Court of Arbitration at The Hague came after a decade long battle fought by the Vodafone Plc against the Indian Income Tax Authorities and Government of India. The Indian Income-tax Authorities have been burdened with substantial cost by the Permanent Court of Arbitration at The Hague by making...

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Posted Under: Income Tax |

Income Tax Return – A Child’s Play?

Income Tax Return (‘ITR’), an annual record of income, enables a taxpayer to declare his income, expenses, tax liability, deductions, savings, investments, etc. during the applicable Fiscal Year (i.e. Financial Year (‘FY’) – a period from April 1 to March 31)....

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Posted Under: Income Tax |

Analysis of section 2(22)(e) – Deemed Dividend

Introduction Various provisions of the Income-tax Act, 1961 (‘the Act’) have faced prolonged litigation over the years. Section 2(22)(e) is also one among the list. This article discuses various issues relating to practical applicability of section 2(22)(e) like only advance or loan is subject to sec. 2(22)(e), amount received for cor...

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Posted Under: Income Tax |

Provision for Sales return not allowable as deduction under section 37

Nike India Pvt Ltd vs DCIT (ITAT Bangalore)

Nike India Pvt Ltd vs DCIT (ITAT Bangalore) The AO noticed that the assessee has claimed deduction for ‘Provision for sales returns’. When enquired, the assessee submitted that it creates a provision for anticipated sales returns based on a percentage of the sales made each month. It was further submitted that the provision is...

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Extend due date for submitting Tax Audit Report & filing IT Returns

Tax Bar Association, Kota has made a request for Extension of due date for submitting Tax Audit Report and for filing IT Returns to 31st March 2021 to ameliorate the difficulties faces by the assessee in this corona period. Tax Bar Association, Kota Hon’ble Smt. Nirmala Sitharaman Ji Union Minister of Finance, Ministry of Finance, [...

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Posted Under: Income Tax |

Extend due date to submit Tax Audit Report & IT Returns

Tax Bar Association, Alwar has made request for Extension of due date for submitting Tax Audit Report and for filing IT Returns of F.Y. 2019-20 to 31st March 2021. Tax Bar Association, Alwar Date 08.10.2010 Hon’able smt. Nirmala Sitaraman ji Union Minister of Finance, Ministry of Finance, Govt. of India. North Block, New Delhi.11000...

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Posted Under: Income Tax |

Further extend due dates for filing of both ITR & TAR

Udaipur Tax Bar Association requested for Further Extension of due dates for filing of both Income Tax Returns (ITR) & Tax Audit Reports (TAR) for F.Y. 2019-20 (A.Y. 2020-21) UDAIPUR TAX BAR ASSOCIATION 10.10.2020 Hon’able Smt. Nirmala Sitaraman Union Finance Minister, Ministry of Finance, Govt. of India, North Block, New Delhi ...

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Posted Under: Income Tax |

Extend due date for submitting Tax Audit Report & IT Returns

We therefore requested that CBDT shall also exercise discretionary power vested u/s 119 of I.T Act 1961 by extended the due date to 31st March 2021 to ameliorate the difficulties faced by assessee in this corona period....

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Posted Under: Income Tax |

Faceless Appeal Scheme, 2020 -Litigation started

Lakshya Budhiraja Vs Union of India (Delhi High Court)

Lakshya Budhiraja Vs Union of India (Delhi High Court) The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing. Present writ petition has been filed seeking a direction to the respondents to grant an opportunity of hearing […]...

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Not necessary to establish that debt become irrecoverable

Joseph Davaraj Koilpillai Vs ITO (ITAT Bangalore)

Joseph Davaraj Koilpillai Vs ITO (ITAT Bangalore) Deduction on account of bad debt as allowed u/s 36(1)(vii) read with section 36(2), after amendment by the Direct Tax Laws (Amendment) Act 1987, envisage merely wiring off the debt as irrecoverable in the accounts of the assessee as a condition for such an allowance. Before the amendment [...

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Request to extend date of filing Income Tax Audit for FY 2019-20

We request that looking to the circumstance and looking to the government guidelines regarding gradual reopening of offices etc. the time limit for filing of Income Tax returns and Income Tax Audit Report may kindly be extended till 31St December, 2020....

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Posted Under: Income Tax |

AO bound to refer to TPO for computation of ALP of international transactions

Bank of India Vs JCIT-OSD (ITAT Mumbai)

Bank of India Vs JCIT (ITAT Mumbai) Conclusion: PCIT rightly directed Bank of India’s case to TPO for determination of arm’s length price (ALP) in relation to international transactions and specified domestic transactions under revision proceedings as it was binding on AO as per the CBDT Circular in force at that point of time under [...

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ITAT refers back matter of ₹ 3.2 Crore addition for Share premium to AO

Fabline Engineers Pvt. Ltd. Vs ITO (ITAT Kolkata)

Fabline Engineers Pvt. Ltd. Vs ITO (ITAT Kolkata) This appeal preferred by the assessee is directed against the order of the Ld. CIT (Appeals) – 7, Kolkata dated 28-02-2018 passed ex parte, whereby he dismissed the appeal of the assessee for non-prosecution. 2. The assessee in the present case is a company, which is engaged [&hellip...

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Extend due date to submit Tax Audit Report & ITR to 31.12.2020

Gujarat Chamber of commerce & Industry Request for extension of due date for submission of Tax Audit Report for A.Y. 2020-21 and Income Tax returns for A.Y. 2020-21 to 31st December, 2020. Gujarat Chamber of commerce & Industry 14th October, 2020/16371 Smt. Nirmala Sitharaman The Hon’ble Union Minister of Finance, Ministry o...

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Posted Under: Income Tax | ,

Analysis of Section 14A read with Rule 8D

Section 14A of the Income Tax Act, 1961 (‘the Act’) provides that no deduction shall be allowed of any expenditure incurred in relation to income not includible in total income i.e. expenditure related to exempt income is not tax deductible....

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Posted Under: Income Tax |

Latest Income Tax News

Income tax is the part of your income which you are required to pay to the Indian government for funding various infrastructural developments, pay salaries to those who are employed by the central or the state governments, etc. All the taxes which are imposed are based on law, and the law which governs provisions about taxes on income is the Income Tax Act, 1961.

Income tax needs to be paid by each and every individual, Hindu Undivided Family, Association of Persons, Body of Individuals, companies, corporate firms, local authorities and every artificial juridical person generating any income based on the income tax slab rates.

Income tax might seem to be a tedious tax for most us, and it has a lot to do with the fact it involves a lot of nitty-gritty and details while calculating and in paying income tax. However, if you need a clear picture about income tax which is simple and easy to understand then you are at the right place.
Get all the latest news on income tax with Taxguru. We will offer you all the insight and details about all the updates and trending news on income tax. Get a comprehensive coverage of income tax-related news and regular updates on income tax circulars.

At Taxguru, we give a cohesive understanding off all income tax related circulars. We keep updating all the circulars as and when issued by the income tax department. You could view online or you can download all the latest news on Income Tax and circulars free of cost.

Find all the latest developments and amendments to the Income Tax Act. Get to know all the tips and tricks on how to save income tax and develop your own income tax planning work plan. We keep updating our portal regularly so that you don’t miss out on anything.

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