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Section 143(3) proceeding invalid if section 143(2) notice issued to Individual instead of HUF

May 26, 2022 402 Views 0 comment Print

Gourishankar Girdharilal Lohiya (HUF) Vs ACIT (ITAT Pune) This assessee’s appeal for assessment year 2009-10 arises against the CIT(A)-1 Aurangabad’s order dated 17.02.2020 passed in case no.ABD/CIT(A)-1/199/2011-12 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short the Act. Heard both the parties. Case file perused. 2. I straightway advert to the assessee’s […]

2% TDS u/s 194C on common area maintenance charges being contractual payment

May 26, 2022 41052 Views 0 comment Print

The CAM charges are in the nature of contractual payments towards electricity, water supply, security, lift maintenance etc., falling within the meaning of section 194C whereby these charges are paid for carrying out the work for maintenance of the common area that are available along with the lease premises.

Assessment order passed, without timely service of notice u/s 143(2), is null & void

May 25, 2022 2292 Views 0 comment Print

ITO (Exemption) Vs Innovative Welfare and Educational Society (ITAT Delhi) Facts- The Assessee had filed its ROI on dated 31.03.2006 by declaring Nil income which was processed and resulting into passing of the assessment order u/s 143(3) of the Act on dated 21-09-2007. Later on it came to the knowledge of the AO that the […]

TNMM is most appropriate method for determining ALP for payment of license & management fees

May 25, 2022 1464 Views 0 comment Print

TPO /DRP in their order has expressed an inability to compute the ALP using CUP due to a lack of information in the public domain. Given the difficulty / impossibility in computing ALP using CUP and considering the close nexus between the manufacturing activity and payment of management / license fees, the method to be adopted for benchmarking the above international transactions by the assessee ought to be TNMM.

Section 54F Exemption allowable even if new residential house is purchased in wife’s name

May 25, 2022 21261 Views 0 comment Print

We observed that the exemption was claimed U/s 54F of the Act on this account is Rs. 6,33,190/-. It is further noticed that the Assessing Officer has not disputed the purchase of new house in the name of wife of the assessee though the claim was denied by the AO.

Section 11 & 12 Exemption allowable to Surat District Cricket Association

May 25, 2022 870 Views 0 comment Print

When the assessee’s main dominant and prime objective was to promote the sports was not desire to earn profits but, object of promoting sports for Nation, it was clearly a charitable purpose. Assessee was entitled for exemption under section 11.

HC set-asides faceless assessment order passed without granting hearing opportunity

May 25, 2022 4839 Views 0 comment Print

Cisco Systems Services B.V. – India Branch Vs DCIT (ITAT Bangalore) In the present case, the Ld.AO passed the draft assessment order u/s. 143(3) r.w.s. 144C (13) of the Act on 23.03.2016 which is accompanied with demand notice issued u/s. 156 of the Act dated 23.03.2016. It is also noticed that in the draft assessment […]

Fresh Reassessment Pending conclusion of first reassessment proceedings is invalid

May 25, 2022 1308 Views 0 comment Print

Shri Jaideep Singh Vs ITO (ITAT Jaipur) A question that arises for con sideration is whether the AO can issue second notice u/s 148 and initiate fresh reassessment proceedings before completion/conclusion of proceedings initiated by way of first notice u/s 148 either by way of dropping the first reassessment proceedings or completing the proceedings by […]

Cash deposited out of sale of agricultural land cannot be treated as unexplained

May 24, 2022 13641 Views 0 comment Print

The assessee deposited this amount of Rs.2.20 crores in his bank account maintained with Punjab National Bank and the inference in which the normal man will draw is that the amount cannot be from any other source except from the transaction of sale of land because it is common in the transactions of immovable properties that there is under hand transactions.

Section 271(1)(c) Penalty not leviable if No specific charge framed against assessee

May 24, 2022 2925 Views 0 comment Print

ITAT Held that since no specific charge was framed either in the show-cause notice or in the body of penalty order and there was failure on the part of Ld. AO to frame specific charge against the assessee, the penalty would not be sustainable in the eyes of law. By deleting the impugned penalty, we allow the appeal.

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