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section 142

Latest Articles


Section 142(1) and 148 cannot operate concurrently: ITAT Dehradun

Income Tax : Discover pivotal case of Uttrakhand Poorv Sainik Kalyan Nigam Ltd. vs ITO, where ITAT Dehradun established that Section 142(1) and...

August 14, 2023 2598 Views 0 comment Print

Overview of amendments in section 142(2A) of Income Tax Act,1961 vide Finance Act 2023

Income Tax : Finance Act, 2023 introduced amendments to Section 142(2A) of the Income Tax Act, 1961. This article provides an overview and anal...

June 16, 2023 5400 Views 0 comment Print

Inquiry under Section 142 or 142A of Income Tax Act, 1961

Income Tax : Understand the implications of Income Tax Act Sections 142 and 142A, covering notices to submit returns, making inquiries, and pro...

September 13, 2022 4746 Views 0 comment Print

Notices Under Section 142(1) of Income Tax Act, 1961

Income Tax : Explore the nuances of Income Tax Notices under Section 142(1) of the Income Tax Act, 1961. Learn when these notices are issued, h...

September 13, 2022 18552 Views 0 comment Print

Allowing prescribed authority to issue section 142(1)(i) notice

Income Tax : Budget 2021- Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142 Section 142 of the A...

February 4, 2021 2697 Views 0 comment Print


Latest News


Oracle India challenge special audit direction by income tax department in Delhi high court

Income Tax : Oracle India has approached Delhi High Court challenging the order of the government which had asked it to undertake a special aud...

January 15, 2010 1463 Views 0 comment Print

Granting of power to the assessing officer to extend the time for completion of special audit under sub-section (2A) of section 142

Income Tax : Sub-sections (2A) to (2D) of section 142 deal with power of Assessing Officer to order a special audit. Such power is required to ...

April 4, 2009 447 Views 0 comment Print


Latest Judiciary


Insight Portal Data Valid for Reopening Tax Assessments: Rajasthan HC

Income Tax : Rajasthan HC rules that using the Insight Portal for reopening income tax assessments under Section 148 is valid. Learn about Chat...

July 15, 2024 357 Views 0 comment Print

No Assessment Order could be Passed in name of Non-Existent Entity after an intimation was given to AO

Income Tax : ITAT Mumbai invalidates income tax assessment for a merged entity, emphasizing the legal principle against actions on non-existent...

June 12, 2024 1545 Views 0 comment Print

National Faceless Assessment Centre was Prescribed Income tax Authority for issuance of notice u/s 143(2)

Income Tax : Assessee was a commercial bank having its head office in France and had 8 branches in India. Assessee was involved in normal banki...

June 6, 2024 1620 Views 0 comment Print

No protective addition when substantive addition already been made

Income Tax : ITAT Ahmedabad rules against reopening of assessment for protective addition when based on assumptions, deleting the addition. Rea...

June 4, 2024 381 Views 0 comment Print

HC set aside Section 132(1) action due to lack of valid reason to believe

Income Tax : Bombay High Court rules IT search under Section 132 invalid if authorization is based on irrelevant and unrelated material. Detail...

May 25, 2024 588 Views 0 comment Print


Latest Notifications


CBDT notifies Prescribed Income-tax Authority’ under Section 143(2) for Returns

Income Tax : CBDT hereby authorises the Assistant Commissioner of Income-tax/Deputy Commissioner of Income-tax (NaFAC) having her / his headqua...

March 31, 2021 4623 Views 0 comment Print

Instruction regarding utilization of info. in AIRs

Income Tax : It has also been brought to notice of the Board that in some cases, the address of transacting parties given in AIRs is not comple...

August 20, 2007 477 Views 0 comment Print


Erroneous Claim without Mens Rea Not Grounds for Section 276 Proceedings under Income Tax

January 23, 2024 861 Views 0 comment Print

Karnataka High Court held that incorrect claim or erroneous claim would not amount to willful evasion. Further, mere fact of not accurate tax, not exact tax or erroneous tax would not lead to the proceedings under Section 276 of the Income Tax Act.

Appeal for Refund lies to CESTAT against order passed u/s 142 of CGST Act

January 1, 2024 1062 Views 0 comment Print

Even if the service tax had been deposited by the appellant after 01.01.2017, nonetheless the refund of any amount of the CENVAT credit could be claimed only under sub­section (3) of section 142 of the CGST Act and against this order an appeal will lie to the Tribunal.

No power to CIT in extending timeframe as AO was in seisin of assessment proceedings

December 27, 2023 564 Views 0 comment Print

Since the legislature vested the discretion to extend the timeframe solely in the AO, he could not have abdicated that function and confined his role to only making a recommendation to the CIT. CIT had no role in extending the timeframe as the AO was in seisin of the assessment proceedings.

No withheld of GST Refund u/s 74 and 20 of IGST Act on account of non-issuance of Form GST DRC-04 and GST deposit made involuntary

December 25, 2023 1215 Views 0 comment Print

Since the claim for refund could not be withheld merely because the Department, pursuant to the deposit, issued the SCN and was proposing to demand GST.

Reopening of assessment u/s 148 unjustified as all material facts fully disclosed

December 4, 2023 1341 Views 0 comment Print

Madras High Court held that reopening of assessment u/s 148 of the Income Tax Act beyond the period of four years unjustified as all the particulars with regard to sale of agricultural land was disclosed before AO in full extent.

Initiation of prosecution proceedings u/s 276CC in absence of any demand is unsustainable-in-law

November 20, 2023 1653 Views 0 comment Print

Jharkhand High Court held that initiation of prosecution proceedings under section 276CC of the Income Tax Act in absence of any demand, as demand adjusted against refund, is bad-in-law and liable to be set aside.

Debatable issue cannot be rectified u/s. 154 of the Income Tax Act

November 17, 2023 1251 Views 0 comment Print

ITAT Chennai held that only the mistake apparent from record which can be rectified but where two views are possible or there is a debate available, it cannot be rectified u/s.154 of the Income Tax Act.

Reopening u/s. 148 beyond 4 years in absence of full & true disclosure of material facts unsustainable

November 9, 2023 1344 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act beyond the period of four years in absence of full and true disclosure of material facts is bad in law.

Notice issued u/s 143(2) after 6 months from end of financial year in which return is furnished is time barred

November 7, 2023 2616 Views 0 comment Print

Delhi High Court held that notice issued under section 143(2) of the Income Tax Act after the expiry of six months from the end of the financial year in which return is furnished is barred by limitation and hence unsustainable in law.

Reassessment without due application of mind by AO was invalid

November 6, 2023 1359 Views 0 comment Print

Re assessment notice issued under section 148 solely on basis of information received from the Kolkata Investigation Directorate that certain persons, who were based in Kolkata, had incorporated shell companies.

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