Compounding fees collected from illegal mining, transportation, and storage of minerals constituted a ‘transfer of rights’ and consequently attracted Tax Collection at Source (TCS) under Section 206C(1C) as it involved parting with an interest in the mine.
ITAT Raipur held that since order passed by Pr. CIT u/s. 263 is quashed the addition made by AO u/s. 143(3) r.w.s 263 does no more survive. Therefore, appeal of the assessee allowed and addition made by AO liable to be quashed.
ITAT Raipur held that addition towards unexplained credits on estimated basis should be the average GP rate from the preceding 3 years. In the present case the same is taken as 5% without any basis. Accordingly, matter restored back to file of AO.
ITAT Raipur held that addition upheld by CIT(A) without passing a speaking order in the backdrop of documents uploaded by the assessee. Accordingly, matter is restored back to the file of CIT(A) for re-adjudication.
The ITAT Raipur ruled that compensation received for land acquired under the National Highways Act, 1956, is exempt from income tax under Section 96 of the RFCTLARR Act. This decision confirms the principle of uniform tax relief for all land-losers, irrespective of the acquiring statute, following the Supreme Court’s Tarsem Singh ruling.
Issuance of a valid notice under section 143(2) was mandatory and non-issuance or belated issuance vitiated the assessment. Accordingly, Tribunal quashed the reassessment order passed under section 147 r.w.s. 144B as being void ab initio.
The ITAT Raipur set aside penalties under Section 271(1)(c) levied on Sai Baba Sansthan for A.Y. 2012-13 and 2013-14, remanding the matter to the NFAC. The Tribunal held that the penalty’s survival is contingent upon the NFAC upholding the quantum additions on a de novo adjudication, relying on Supreme Court and Delhi High Court precedents.
The Income Tax Appellate Tribunal (ITAT), Raipur Bench, has quashed the assessment against Pawan Kumar Agrawal, ruling that the mandatory prior approval under Section 153D of the Income Tax Act.
ITAT Raipur, in case of Manish Kumar Jain vs. ITO, ruled that Commissioner of Income Tax (Appeals) cannot summarily dismiss an appeal based solely on a delay.
Both return and Form 10B were filed within extended due date (31.10.2018). Thus, substantive compliance was achieved. Filing of audit report after the return but before expiry of due date could not be construed as fatal non-compliance.
