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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


Best judgment assessment – Assessing Officer must act honestly

April 19, 2023 2208 Views 0 comment Print

In best judgment assessment Assessing Officer must not act dishonestly or vindictively & honestly & fairly estimate proper assessment figure

Amount directed to be deposited in PM National Relief Fund for non-appearance before AO & CIT(A)

April 17, 2023 426 Views 0 comment Print

ITAT Hyderabad held that as assesse failed to appear before AO as well as before CIT(A) despite numerous opportunities, matter remanded back to CIT(A) subject to cost of Rs. 10,000 to be deposited in Prime Minister National Relief Fund.

Penalty u/s. 271(1)(b) not leviable as non-compliance was due to bonafide reasons

April 11, 2023 9417 Views 0 comment Print

ITAT Surat held that penalty under section 271(1)(b) of the Income Tax Act not leviable merely because the assesse couldn’t make compliance due to some bonafide reasons.

Reference to DVO for correct fair market value mandatory if requested by assessee

March 16, 2023 4056 Views 0 comment Print

ITAT Mumbai held that even after request from assessee to refer DVO for correct fair market value of the subject property, AO was duty-bound to refer the same to DVO. Accordingly, matter remanded back with a direction to refer the matter to DVO and decide the issue.

Without fresh tangible material reassessment of earlier Assessment is unsustainable

March 4, 2023 849 Views 0 comment Print

Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable.

Appellate Authority needs to give reasonable opportunity to AO if additional evidence is admitted

March 2, 2023 1539 Views 0 comment Print

ITAT Hyderabad held that it is mandatory for CIT(A) to grant responsible opportunity to the Assessing Officer in case additional evidence is admitted. However, in the present case, the documents based on which relief is granted was already available with the department and hence there is no violation of Rule 46A of the Income Tax Rules.

Assessment framed u/s 144 instead of section 153C liable to be quashed

November 10, 2022 1932 Views 0 comment Print

ITAT Mumbai held that assessment proceedings were initiated on the basis of search operation carried out at third party wherein incriminating documents relating to assessee were allegedly found. Hence, assessment was required to be framed u/s 153C read with section 153A of the Income Tax Act and not u/s 144 and hence the said proceedings are quashed.

ITAT directs AO to consider Additional Evidence related to cash deposit

November 4, 2022 714 Views 0 comment Print

Dr. BR Ambedkar Jain Kalyan Swayam Sahayata Samiti Vs ITO (ITAT Delhi) Undisputedly, in course of assessment proceeding the assessee went unrepresented, for whatever may the reason. Therefore, the assessee did not get any opportunity to explain the source of cash deposits made in the bank account with supporting evidence. However, before learned first appellate […]

Cost of improvements towards capital assets eligible for indexation benefit

November 1, 2022 1905 Views 0 comment Print

ITAT Bangalore held that expenditure for cost of improvements incurred towards capital assets is eligible for indexation benefit.

Addition for money received from customers in old Notes – ITAT directs Assessee to furnish full details

August 28, 2022 1557 Views 0 comment Print

Shri Palanisamy Chinnasamy Vs ITO (ITAT Chennai) In this case, The assessment was completed under section 144 r.w.s. 144(1)(b) of the Act by making addition of ₹.5,34,000/- under section 69A of the Act on the ground that the money received from the customers on various dates in old notes cannot be accepted a genuine as […]

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