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Section 144

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FAQs on Assessments under Income-tax Law

Income Tax : Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing ...

June 29, 2023 78201 Views 7 comments Print

What is assessment under the income tax act, 1961, and How many types of it are there?

Income Tax : Understanding assessment under the income tax act, 1961. Learn about the different types of assessments and their implications for...

August 16, 2022 68514 Views 0 comment Print

Provisions for filing of updated Income Tax return in Budget 2022

Income Tax : Provisions for filing of updated return Section 139 of the Act is related to the provisions for filing of Income Tax Return by tax...

February 1, 2022 5310 Views 0 comment Print

Addition for Cash deposited in Bank out of Business receipts: Draft Submission

Income Tax : The case of the assessee was decided ex-parte u/s 144 of the Income Tax Act, 1961 in which a demand of Rs. 2320480/- has been crea...

September 25, 2021 16794 Views 0 comment Print

In a best judgement assessment the AO has to make guesswork but honest guess work

Income Tax : The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying informati...

August 19, 2021 9111 Views 0 comment Print


Latest News


Budget 2024: CIT(A) can Refer Section 144 Best Judgment Assessments Back to AO

Income Tax : Starting October 1, 2024, Commissioners (Appeals) will gain new powers to set aside and refer best judgment assessments back to As...

July 26, 2024 1482 Views 0 comment Print


Latest Judiciary


Advance tax payment provisions doesn’t apply in reassessment proceedings: ITAT Indore

Income Tax : ITAT Indore held that rejection of appeal by CIT(A) on the footing of non-payment of advance tax as required by section 249(4)(b) ...

August 17, 2024 90 Views 0 comment Print

Notice u/s. 148 to NRI without following mandatory faceless procedure unsustainable: Telangana HC

Income Tax : Telangana High Court held that notice issued u/s. 148 of the Income Tax Act must comply with the requirement of the Scheme whether...

August 17, 2024 447 Views 0 comment Print

Settlement commission offering immunity by accepting explanation in spirit of settlement cannot be faulted: Karnataka HC

Income Tax : Karnataka High Court held that settlement commission, accepting additional income offered as reasonable and giving immunity from p...

August 16, 2024 93 Views 0 comment Print

CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

Income Tax : ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 2...

August 16, 2024 117 Views 0 comment Print

CIT(A) Must Issue Well-Reasoned Orders with Clear Determination, Decision & Reasoning: ITAT Pune

Income Tax : ITAT Pune remands the case of Suhas Maruti Dhankude for re-adjudication due to non-adjudication of jurisdictional grounds and fail...

August 16, 2024 123 Views 0 comment Print


Addition unsustained as difference between reported gross receipts and Form 26AS duly explained

June 15, 2023 1326 Views 0 comment Print

ITAT Kolkata held that addition towards difference between figure of gross receipts reported and figure reported in Form 26AS is unsustainable as the difference is merely because figure reported in Form 26AS was inclusive of service tax component.

Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 16329 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Wrong allotment of two PANs cannot set assessee as non-filer for one PAN as return filed via other PAN

June 9, 2023 1989 Views 0 comment Print

ITAT Amritsar held that because of wrong allotment of two PANs, assessee cannot be set as a non-filer or undeclared of tax in the return of one PAN as income duly declared via other PAN. Matter remanded back.

Penalty u/s 271(1)(c) not imposable when income assessed on estimate basis

May 29, 2023 8562 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act not imposable when income is assessed on estimate basis and accordingly additions are made therein on estimate basis.

Non-compliance due to receipt of notice in SPAM folder is sufficient cause for condonation of delay

May 24, 2023 1791 Views 0 comment Print

ITAT Jaipur held that non-compliance due to receipt of notice in SPAM folder is sufficient cause shown for the delay. Accordingly, delay of 223 days in filing of an appeal condoned.

Section 45(5A) inserted vide Finance Act 2017 doesn’t have retrospective effect

May 23, 2023 2139 Views 0 comment Print

Patna High Court held that sub-section (5A) of section 45 inserted by way of an amendment in the Finance Act, 2017, expressly stated to be effective from 01.04.2018 cannot be treated as retrospective.

Ex-parte order unjustified as revenue failed to carry out primary duty post non-service of notice

May 15, 2023 1935 Views 0 comment Print

ITAT Ahmedabad held that post non-service of notice, revenue failed to carry out its primary responsibility to ascertain whether the company, against which notices were issued, and proceedings under section 148 was contemplated, was existing or not. Accordingly, matter remanded to carry out fresh adjudication.

Books cannot be rejected without showing defect in books of account maintained

May 6, 2023 1911 Views 0 comment Print

CIT(A) in his order while rejecting Books of Account does not specify defect in record. The basis of rejection appears to be best judgment of assessment

Tax on sale of property belonging to father is not leviable on son

May 3, 2023 7386 Views 0 comment Print

ITAT Amritsar held that the assessee is not liable for payment of tax related to sale of property which belong to his father. Accordingly, addition liable to be quashed.

Addition u/s 68 beyond jurisdiction if amount already declared as turnover

May 2, 2023 4809 Views 0 comment Print

ITAT Amritsar held that addition under section 68 of the Income Tax Act is beyond jurisdiction as the amount is already declared as turnover and the said turnover is reflected in the books of account.

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