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ITAT Amritsar

ITAT Orders Remand for Correct Fact-Finding in Negligent Appeal Dismissal

September 22, 2023 750 Views 0 comment Print

Explore the ITAT Amritsar’s order in the case of Smt. Bharti Singh vs. DCIT, involving a remand for accurate fact-finding after negligent appeal dismissal.

Reassessment without jurisdiction if grounds on which reassessment notice was issued were not found to exist

September 22, 2023 1290 Views 0 comment Print

Explore the ITAT Amritsar order in the case of Smt. Bharti Singh vs. ACIT, covering reassessment jurisdiction, reasons, and legal implications.

Excess stock found during survey cannot be treated as deemed income u/s. 69B

September 22, 2023 3942 Views 0 comment Print

ITAT Amritsar held that excess stock found during the survey only be treated as income under the head business income and not as deemed income under section 69B of the Income Tax Act.

Deeming section 69 doesn’t apply when source of surrendered income proved to be business income

September 19, 2023 1563 Views 0 comment Print

ITAT Amritsar held that once source of surrendered income is proved to be business income, the same cannot be taxed as deemed income under section 69 read with section 115BBE of the Income Tax Act.

Initiation of assessment proceedings u/s 153C in case of searched assessee is invalid

September 4, 2023 2760 Views 0 comment Print

ITAT Amritsar held that initiation of Assessment Proceedings u/s 153C, instead of section 153A, in case of the searched assessee makes the entire assessment invalid. Accordingly, penalty levied u/s 271(1)(c) is not maintainable.

ITAT Grants Opportunity to Assessee in Ex-parte Proceedings: Remand to CIT(A)

July 5, 2023 1791 Views 0 comment Print

In the case of Late Sh. Ashok Kumar Goel Vs National Faceless Appeal Centre (NFAC), the issue of extending another opportunity to the assessee in ex-parte proceedings is examined. This article provides an analysis of whether a reasonable opportunity should be given to the assessee, even when an adjournment petition is rejected. The possibility of extending the opportunity of hearing in set-aside proceedings is also discussed. Read the full text of the order by ITAT Amritsar and the conclusion reached in this case.

Transfer of Renewable Energy Certificate is capital and not taxable as business income

July 4, 2023 2799 Views 0 comment Print

ITAT Amritsar held that transfer of REC (Renewable Energy Certificate) is capital in nature and not liable to tax under business income as the income is offshoot from environmental concern not from offshoot of business concern.

Invalid section 153A notice: ITAT dismisses Assessment Order

July 3, 2023 2949 Views 0 comment Print

A detailed analysis of the ITAT Amritsar’s decision declaring an assessment order void ab initio due to the wrong section of jurisdiction being cited. An insight into the Indian tax law nuances and key takeaways from the case.

Appeal order not maintainable for violation of section 249(4) due to non-payment of admitted tax

June 27, 2023 2097 Views 0 comment Print

ITAT Amritsar held that the appeal order caused not maintainable for violation of section 249(4) of the Income Tax Act for non-payment of admitted tax. Accordingly, the appeal order u/s 250 is caused nullity which will be not maintainable before the Tribunal.

Section 154 cannot be invoked to levying of fee u/s 234E

June 25, 2023 1038 Views 0 comment Print

ITAT found that the issue related to the belated filing of TDS returns and subsequent levying of fees under Section 234E of the Income Tax Act was a matter of factual verification. Thus, it was not covered under Section 154 of the Act, which only allows rectification for apparent mistakes on record.

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