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Income Tax : ITAT Kolkata remands case on disallowance of subcontractor expenses, stressing need for evidence, due diligence, and verification ...
Income Tax : The new law introduces a structured framework for NPO registration, income application, and taxation. It simplifies compliance but...
Income Tax : Form 41 is now compulsory for non-residents claiming DTAA benefits, replacing Form 10F. The update mandates online filing and ensu...
Income Tax : Notices are increasingly triggered by AIS/TIS mismatches and automated systems. Accurate reporting and reconciliation are key to a...
Income Tax : The new rules replace old form numbers with a structured sequence across categories. The update simplifies compliance and improves...
Income Tax : The issue concerns massive backlog in ITAT caused by unfilled positions and delayed appointments. The intervention highlights that...
Income Tax : The audit found widespread incorrect claims of deductions for bad debts and reserves. It highlights the need for stricter verifica...
Income Tax : This webinar breaks down the major structural and conceptual changes introduced in the new Income Tax Act, 2025. It helps professi...
Income Tax : A representation seeks doubling the SMC threshold due to inflation and higher dispute values. The key takeaway is that increasing ...
Income Tax : The government replaced the six-decade-old law with the Income-tax Act, 2025. The reform aims to simplify compliance through clear...
Income Tax : The issue was whether a reassessment notice issued by a jurisdictional officer instead of a faceless officer is valid. The Court h...
Income Tax : The Tribunal held that addition under Section 41(1) cannot be made without proof of actual cessation of liability. It found that m...
Income Tax : The Tribunal ruled that surrender of tenancy rights occurs only upon receiving new property possession. As possession was given la...
Income Tax : The issue involved taxing capital gains from a development agreement in multiple years. The court held the same income cannot be t...
Income Tax : The Tribunal held that enhancement of income without issuing notice under section 251(2) is invalid. Such action violates principl...
Income Tax : A corrigendum fixes multiple drafting and referencing mistakes in income tax rules. The update ensures clarity without altering su...
Income Tax : The new tax regime introduces Form 121 as a single declaration replacing Forms 15G and 15H. It simplifies TDS exemption compliance...
Income Tax : CBDT clarified the presentation of error categories in Form U. The update ensures clearer reporting of incorrect income heads and ...
Income Tax : The corrigendum corrects technical errors in multiple ITR schedules, including CG and CYLA. It ensures accurate reporting and smoo...
Income Tax : CBDT corrected multiple clerical and structural errors across income tax return schedules. The changes ensure accurate reporting a...
The ITAT quashed assessments under Section 153A due to ex-parte orders, mechanical Section 153D approvals, and failure to give the assessee an opportunity to be heard, emphasizing the importance of natural justice in tax proceedings.
ITAT required the Assessing Officer to verify whether the correct tax credit was allowed. The assessee must present supporting evidence, ensuring accurate refunds under the Income Tax Act.
The Tribunal found the Final Assessment Order invalid as it was issued before the 30-day objection period under Section 144C expired. This violated the assessee’s procedural rights. All transfer pricing adjustments and tax demands linked to the order were deleted, partly allowing the appeal.
The Tribunal allowed the assessee another opportunity to challenge both the reopening notice u/s 148 and the addition of ₹2.25 Cr. NFAC’s ex-parte dismissal was found inappropriate in the interest of justice.
The Tribunal condoned a 27-day delay after accepting the assessee’s affidavit explaining non-intentional default and lack of familiarity with e-proceedings. It held that the CIT(A) wrongly dismissed the first appeal ex parte without addressing merits. The matter was remanded for fresh adjudication with full opportunity of hearing.
The Tribunal accepted that the delay arose from an inadvertent error by the assessee’s prior tax consultant during e-filing. It ruled that such a bona fide mistake should not deprive the taxpayer of statutory appellate remedies. All issues were remanded for fresh adjudication with proper opportunity.
The Tribunal recognized the assessee’s health issues and financial weakness as valid grounds for condoning delay, following the Supreme Court’s principle favouring substantial justice. It held that repeated notices for the same enquiry cannot multiply the default. Consequently, the penalty was scaled down to a single default, offering relief of ₹40,000.
ITAT observed that NFAC neither followed the mandatory remand requirement under Section 251(1) nor complied with the speaking-order mandate of Section 250(6). Accordingly, the matter was remitted to be adjudicated strictly as per the amended law.
The Tribunal emphasized that statutory obligations under Section 250(6) cannot be bypassed even when the assessee defaults in appearance. Lack of reasoning and non-discussion of issues rendered the NFAC’s ex-parte order unsustainable.
The Tribunal held that short notice and lack of opportunity violated principles of natural justice in rejecting 80G registration. The CIT(E) is directed to allow the assessee to explain the Trust’s objectives. The appeal was allowed for statistical purposes, ensuring fair adjudication.