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Reassessment not Change of Opinion if original assessment not involve any formation of opinion

March 10, 2025 102 Views 0 comment Print

It was held that in the original assessment under Section 143(1), the issue related to the deed of purchase of land was not looked into as the same was not reported in the assessee’s income before the Revenue.

Deduction u/s 80P was allowable as amendment of Section 80AC was not retrospective in nature

March 10, 2025 219 Views 0 comment Print

Assessee then filed returns in response to the notice under Section 148, claiming a deduction under Section 80P. AO disallowed the deduction, stating that the returns were not filed within the due date under Section 139(1).

TDS u/s. 195 not attracted on salary paid outside India towards staff hired outside India

March 10, 2025 579 Views 0 comment Print

ITAT Delhi held that provisions of section 195 as well as section 40(a)(iii) are not attracted in case of salary paid to staff hired outside India and services were utilised outside India. Accordingly, appeal of the revenue dismissed.

Reassessment notice issued u/s. 148 beyond six years is time barred: ITAT Mumbai

March 10, 2025 6555 Views 0 comment Print

ITAT Mumbai held that notice under section 148 of the Income Tax Act issued after a period of six years is barred by limitation. Accordingly, assessment proceedings under section 147 is liable to be quashed.

No addition u/s 69B as seized quantity of jewellery was under the Limit prescribed by Circular No. 1916

March 10, 2025 381 Views 0 comment Print

It was held that considering the provisions of CBDT Circular No. 1916 and the explanation provided by the assessee, the seized gold jewellery up to the specified thresholds for each family member should be treated as explained.

No Section 40a(ia) disallowance for non-deduction of TDS if recipient already paid the taxes

March 10, 2025 10200 Views 0 comment Print

ITAT Kolkata addressed TDS disallowance and procedural compliance in PBN Constructions Pvt. Ltd. Vs DCIT. Analysis includes judicial precedents and key findings.

Penalty u/s. 271D deleted as cash payment made at one go before sub-registrar: ITAT Amritsar

March 10, 2025 11775 Views 0 comment Print

ITAT Amritsar held that there is no violation of provisions of section 269SS of the Income Tax Act when cash payment was made at one go before sub-registrar at the time of registration of sale deed. Accordingly, penalty under section 271D deleted.

Tax Dept cannot take a Different View in subsequent years without providing valid reasons

March 9, 2025 4431 Views 0 comment Print

ITAT Pune remands the appeal of Mula Parisar Serva Seva Sangh regarding TDS refund claim for 2018-19, citing past precedents.

ITAT Chennai Sets Aside Section 80G Registration Rejection, Cites Short Notice

March 9, 2025 375 Views 0 comment Print

ITAT Chennai sets aside CIT(E)’s rejection of 80G registration for SKNNSM Society, citing inadequate time for response. Case sent for fresh adjudication.

ITAT Mumbai directs Assessment of Factory Premises Rental Income under Section 57

March 9, 2025 3261 Views 0 comment Print

ITAT directed AO to verify Factory Premises rental income and compute taxability under section 57, allowing proportionate expenses related to rental income.

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