section 143(3)

Section 115BBE needs Relook: Know Misuse, Consequences & Judicial Precedents

Corporate Law - Explore the implications of taxation under section 115BBE, including misuse of sections 68 to 69D, consequences of high tax rates, and relevant judicial precedents....

FAQs on Assessments under Income-tax Law

Corporate Law - Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing his return of income. Once the return of income is filed by the taxpayer...

Sufficient time to comply with section 143(2) notice & valid notice u/s 142(1)(ii) is mandatory

Corporate Law - Sufficient time is required to comply with the notice issued u/s 143(2) of the Act and valid notice u/s 142(1)(ii), 142(1)(iii) has to be issued compulsorily after 143(2) notice The Ld. Assessing officer is not justified to make assessment as he has issued notice u/s 143(2) of the Act but time period given in the […]...

Internal Finance Control Under Companies Act 2013 From 01/04/2023 Onwards

Corporate Law - Under the Companies Act 2013, every company is required to have an effective system of internal financial controls to ensure that its financial statements are accurate and reliable, and to prevent fraud and mismanagement. Section 134(5)(e) of the Companies Act 2013 requires the Board of Directors of every company to state in its annual re...

Assessments under Income-Tax Act, 1961

Corporate Law - Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing up his return of income. Once the return of income is filed up by the taxpayer, the next step is the processing of the return of income by the Income Tax Department. ...

Allow making of fresh claim during assessment proceedings

Corporate Law - It has been observed that in many cases an assessee may wish to make a claim which was not made in the return of income filed under section 139. Where the assessee makes a claim of any expenditure or a deduction during the assessment proceedings which had not been made in the return of income […]...

Format of details to submitted during Income Tax Assessment

Corporate Law - We have attached a file in excel format. The file contains the format of various details which normally assessing officer asks Assessee to furnish during Scrutiny Assessment U/s. 143(3) of the Income Tax Act, 1961. We have attached the format of following details :-...

Sharing of beneficial ownership for deemed dividend between spouses under guise of Portuguese Civil Code unjustified

Dattaprasad Kamat Vs ACIT (Bombay High Court) - Bombay High Court held that the provisions of the Civil Code could not create any right in a spouse, who is not registered shareholder of the company, by operation of law, in relation to other shareholders of that company including her spouse. Accordingly, beneficial ownership held by one spouse can...

Assessment order passed in case of amalgamated entity is null and void

India Medtronic Private Limited Vs Additional/Joint/Deputy/ACIT/ITO (ITAT Mumbai) - ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed....

Deduction u/s 80IA(4) of Income Tax Act available to developer of infrastructure facility

Agarwal Joint Venture Vs CIT (ITAT Ahmedabad) - ITAT Ahmedabad held that the assessee is engaged in development of the infrastructure facility and therefore, a developer, which confers right of eligibility to the assessee to claim benefits u/s. 80IA(4) of the Income Tax Act. Mere referring assessee as a contractor in the agreement cannot deprive ...

Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

Gujarat Urja Vikas Nigam Ltd Vs CIT (ITAT Ahmedabad) - ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified....

Disallowance of interest on unsecured loans unjustified as genuineness of loan not disputed

Biren Suresh Karani Vs ITO (ITAT Mumbai) - ITAT Mumbai held that disallowance of interest on unsecured loans unjustified as genuineness of loans and utilization of loan funds for business purpose not disputed and interest paid on open in balances of unsecured loan creditors....

No processing of returns for I-T refund if selected for Scrutiny

Instruction No.1/2015 - (13/01/2015) - Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012, section 143(1D) was introduced in income tax act which prohibited processing of income tax returns in case notice u/s 143(2) has been issued (i.e. scrutiny cases). Ambi...

Recent Posts in "section 143(3)"

Sharing of beneficial ownership for deemed dividend between spouses under guise of Portuguese Civil Code unjustified

Dattaprasad Kamat Vs ACIT (Bombay High Court)

Bombay High Court held that the provisions of the Civil Code could not create any right in a spouse, who is not registered shareholder of the company, by operation of law, in relation to other shareholders of that company including her spouse. Accordingly, beneficial ownership held by one spouse cannot be taxed on the basis of 50% to each...

Assessment order passed in case of amalgamated entity is null and void

India Medtronic Private Limited Vs Additional/Joint/Deputy/ACIT/ITO (ITAT Mumbai)

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed....

Deduction u/s 80IA(4) of Income Tax Act available to developer of infrastructure facility

Agarwal Joint Venture Vs CIT (ITAT Ahmedabad)

ITAT Ahmedabad held that the assessee is engaged in development of the infrastructure facility and therefore, a developer, which confers right of eligibility to the assessee to claim benefits u/s. 80IA(4) of the Income Tax Act. Mere referring assessee as a contractor in the agreement cannot deprive assessee from claiming deduction u/s. 80...

Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

Gujarat Urja Vikas Nigam Ltd Vs CIT (ITAT Ahmedabad)

ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified....

Disallowance of interest on unsecured loans unjustified as genuineness of loan not disputed

Biren Suresh Karani Vs ITO (ITAT Mumbai)

ITAT Mumbai held that disallowance of interest on unsecured loans unjustified as genuineness of loans and utilization of loan funds for business purpose not disputed and interest paid on open in balances of unsecured loan creditors....

Consultancy service involving substantial technical skill cannot be treated as FIS

Bain & Company Vs Deputy/ACIT (ITAT Delhi)

ITAT Delhi held that as per India-USA DTAA provision of consultancy services cannot be treated as FIS merely because the service provider while providing consultancy services had used substantial technical skill and expertise....

Services rendered outside India but used in India is taxable in India

Metso Outotec OYJ Vs DCIT (ITAT Kolkata)

ITAT Kolkata held that the assessee has no permanent establishment in India and these services were also rendered outside India but the services has been used in India and, therefore, it is taxable in India....

Employee Stock Option Expense Disallowance Unsustainable as it is revenue in nature

DCIT Vs Cleartrip Private Limited (ITAT Mumbai)

ITAT Mumbai held that disallowance of employee stock option expenses alleging it to be capital expenditure is unsustainable in law in as much as such expenditure are revenue in nature and hence allowable....

Order passed in case of non-existing entity is null and void

India Medtronic Private Limited Vs ADDL/JT/DY/CIT/ITO (ITAT Mumbai)

ITAT Mumbai held that entire assessment order passed in the case of non-existing entity is null and void and hence is liable to be quashed....

Other method in rule 10AB is most appropriate method in case of royalty transactions

ASB International Pvt Ltd Vs Additional Income Tax Officer (ITAT Mumbai)

ITAT Mumbai held that "other method" provided in Rule 10AB r.w.s. 92C (1) would be a good substitute for CUP as there is lack of reliable comparables in case of royalty transactions as royalty payments have been made for unique intangibles...

Browse All Categories

CA, CS, CMA (6,670)
Company Law (9,619)
Corporate Law (12,722)
Custom Duty (10,411)
DGFT (5,075)
Excise Duty (5,451)
Fema / RBI (5,601)
Finance (6,277)
Income Tax (47,926)
SEBI (5,178)
Service Tax (4,714)