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Income Tax Assessment

Latest Articles


Are some of Income Tax Assessments and raids unfair?

Income Tax : Explore the fairness of tax assessments & raids through a detailed analysis of a recent case. Learn about the powers of income tax...

May 7, 2024 1593 Views 0 comment Print

Assessment of Trusts for A.Y 2022-2023, A.Y 2023-2024 and A.Y 2024-2025

CA, CS, CMA : Comprehensively assess trusts for A.Y 2022-2023, A.Y 2023-2024 and A.Y 2024-2025 by discussing key provisions, changes, and implic...

February 16, 2024 31626 Views 1 comment Print

Understanding High Pitch Assessment in Income Tax

Income Tax : Explore impact of high-pitch assessments in income tax on small taxpayers. Learn challenges they pose, the need for fairness, and ...

December 20, 2023 6879 Views 0 comment Print

Income Tax Assessment Proceedings against Deceased Persons

Income Tax : Legal responsibilities of deceased's representatives in income tax proceedings. Learn about Section 159 and key judgments shaping ...

December 12, 2023 3318 Views 0 comment Print

Income Tax Assessment of Association of Persons & Body of Individuals

Income Tax : Explore the nuances of Income Tax Assessment for Associations of Persons (AOP) and Bodies of Individuals (BOI) for the Assessment ...

July 9, 2023 22704 Views 0 comment Print


Latest News


KSCAA submits Probable resolutions to spate of high pitched assessments

Income Tax : Read KSCAA's representation to the Commissioner of Income Tax, addressing practical issues faced by taxpayers and suggesting solut...

December 9, 2023 2610 Views 0 comment Print

Indiscriminate Income Tax notices without allowing reasonable time

Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...

March 20, 2022 12900 Views 0 comment Print

Extend Time Limit for Income Tax Assessment time barring on 31.3.2022

Income Tax : Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time bar...

March 20, 2022 41382 Views 2 comments Print

FAQs on Issues faced by field users in Assessment module of ITBA

Income Tax : While uploading Manual order for the A Y 2017-18 user is getting the following message: Manual Order cannot be uploaded for this P...

November 30, 2019 7836 Views 2 comments Print

IT Scrutiny and assessment to get fully online in next two year

Income Tax : Tax collections increased from Rs 6.38 Lakh Crore in year 2013-14 to almost Rs 12 Lakh Crore this year  80% growth in tax base; n...

February 1, 2019 1191 Views 0 comment Print


Latest Judiciary


Demand in computation sheet Invalid if No Addition Proposed in Assessment Order

Income Tax : In a case of BVM Global Education Trust vs Assessment Unit, Madras High Court declares computation sheet and demand notice invalid...

May 12, 2024 1365 Views 0 comment Print

Madras HC Directs Valuation Report Consideration for Tax Assessment Rectification

Income Tax : Read about the Madras High Court's order for rectification of an income tax assessment order regarding addition on sale considerat...

May 12, 2024 363 Views 0 comment Print

HC Sets Aside Income Tax Order Due to Technical Glitch Preventing Petitioner’s Participation

Income Tax : Kerala High Court nullifies Income Tax assessment order for 2016-17 after petitioner couldn't attend video conferencing due to tec...

April 23, 2024 480 Views 0 comment Print

Madras HC Dismisses Writ Petition: Bank Account Dispute Unsuitable for Article 226

Income Tax : Read about the Madras High Court's decision in Rakesh Beniyal Vs ITO case, where the court dismissed a writ petition challenging a...

April 12, 2024 252 Views 0 comment Print

Assessment Order on Old PAN Appealable Despite New PAN allotment: Kerala HC

Income Tax : Kerala High Court rules that an income tax assessment order passed on an old PAN is appealable even if a new PAN is issued, provid...

February 9, 2024 687 Views 0 comment Print


Latest Notifications


SOP for Faceless Income Tax Assessment under Section 144B

Income Tax : Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) unde...

August 3, 2022 45564 Views 0 comment Print

CBDT specifies cases for section 144B Assessment

Income Tax : CBDT hereby specifies that all the assessment proceedings pending as on 31.03.2021 and the assessment proceedings initiated on or ...

March 31, 2021 18543 Views 1 comment Print

ITBA Appeal Module for pending appeals to be allocated to Faceless Appeal Units

Income Tax : Faceless Appeal Scheme has been implemented in ITBA and the allocation of cases to Faceless Appeal units is under progress. A numb...

October 19, 2020 2694 Views 0 comment Print

CBDT notifies Prescribed Authority under Section 133C

Income Tax : CBDT notifies Prescribed Authority under Section 133C with effect from 13th August, 2020 vide Notification No. 66/2020, Dated: Aug...

August 13, 2020 2055 Views 0 comment Print

CBDT notifies 4195 Income Tax Authorities for Faceless Assessment

Income Tax : CBDT notifies 4195 Income-tax Authorities of Regional e-Assessment Centres to exercise the powers and functions of Assessing Offic...

August 13, 2020 2475 Views 0 comment Print


Condition precedent for invoking provisions of section 142A of IT Act : ITAT New Delhi

March 31, 2009 2490 Views 0 comment Print

14. We have considered the rival submissions and also perused the relevant material on record. It is observed that the addition in dispute on account of alleged unexplained investment made by the assessee in the property was made by the AO on the basis of valuation report obtained from the DVO by making a reference u/s 142A, the provisions of which read as under:-

Each well or a cluster of wells producing mineral oil would be an undertaking eligible for tax holiday under section 80-IB of IT Act : ITAT Ahmedabad

March 31, 2009 658 Views 0 comment Print

110. On a close reading of the provisions we notice that sub section (1) of section 80-IB provides for the deduction from such profits and gains of an amount equal to such percentage and for such number of assessment years as specified in this section where the gross total income of an assessee includes any profits and gains derived from eligible business referred to in sub-sections (3) to (11) and (11A).the deduction

Excess tax paid by the employer can not be taxed in the hand of the Assessee

March 31, 2009 1027 Views 0 comment Print

7.1 On bare reading of above provision, it is clear that any sum paid to discharge “any obligation” of the assessee would be a perquisite under the above clause. However, the important words in the provisions are, “in respect of any obligation” and “would have been payable by the assessee”. It is quite obvious that employer had obligation only to pay correct tax on assessee’s income

Notional benefit will not form part of actual rent received as contemplated by section 23(1)(b) of IT Act

March 31, 2009 547 Views 0 comment Print

5.11 Now coming to the merits of the case. For this purposes, we are required to consider the scheme of taxation of income from house property. Section 22 says that the measure of income from house property is its annual value. The annual value is to be decided in accordance with section 23. Sub-section (1) of section 23, by virtue of the amendment with effect from the assessment year 1976-77

Assessment can not be reopened for change of opinion U/s. 147 of the Income Tax Act, 1961

March 31, 2009 823 Views 0 comment Print

10. Section 147 of the Act empowers the assessing officer to reopen the assessment in respect of any assessment year, if he has reason to believe that any income chargeable to tax has escaped assessment. The object of reassessment is to assess the correct income. Under section 147 of the Act, the assessing officer can assume jurisdiction to reopen the assessment only if there exists tangible material

Conversion of FCEBs into shares or debentures of any company shall not be treated as a ‘transfer’ within the meaning of Income-tax Ac

March 27, 2009 1177 Views 0 comment Print

Circular No.. 1/ 2009 – Income Tax 16.1 In 1992, the Government allowed established Indian companies to issue foreign currency convertible bonds (FCCB), with special tax regime for non-resident investors, so as to encourage the flow of foreign exchange to India

Payment for transfer of right to use software loaded on hardware – not royalty

March 25, 2009 1306 Views 0 comment Print

Lucent Technologies International Inc. 1(“the assessee”) is a company incorporated in the USA. It is a tax resident of USA. It is a leading supplier of hardware and software used for GSM cellular radio telephone system. The assessee had supplied telecommunications hardware and software to its customers in India through its subsidiary Lucent Technologies India Limited (“LTIL”) (formerly known as AT&T India Private Limited).

Amount settled under premature payment option, leading to future sales tax not payable, is revenue income

March 25, 2009 728 Views 0 comment Print

Background The Mumbai Tribunal has recently held in the case of  Schenectady Specialities Asia Pvt. Ltd. that the difference between the sales tax collected but not deposited by the assessee with the Government under a sales tax deferral scheme, and the amount settled by the assessee under the premature payment option, is to be treated […]

Provision for a liability allowable if it can be estimated & if there is reasonable certainty

March 22, 2009 366 Views 0 comment Print

5. Having heard the learned counsel for the Revenue as well as the assessee, we are of the view that no fault can be found with the reasoning of both the CIT(A) as well as the Tribunal. In our view, the issue raised by the Revenue before us that the liability under the “long service award” scheme of the assessee is contingent as the payment under the same scheme is dependent on the discretion of the management

In case of gift from NRI not related to Assessee, onus is on the Assessee to substantiate the claim of genuine gifts: ITAT, Mumbai

March 22, 2009 2106 Views 0 comment Print

10. The scope of gifts and the existing areas of controversies in regard to them are relevant issues here. Generally, the gifts may involve biological relatives, sociologically connected or unconnected persons, politically or spiritually reverend individuals etc. In the cases, where the gifts involve the biological relatives, the giving gifts are normally conventional, traditional or a social practice and the motive

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