Income Tax : Learn the updated provisions governing rectification, assessments, reassessments, and appeals under the Income-tax Act. This guide...
Income Tax : ITAT Mumbai held that penalty under Section 270A cannot be levied merely because income was estimated after rejection of books. Si...
Income Tax : The Income Tax Department explains how faceless assessments under Section 144B operate through the e-Filing portal without requiri...
Income Tax : The guide explains faceless assessments, appeals, penalties, rectification requests, and demand responses under the Income-tax Act...
Income Tax : Courts have held that non-compliance with mandatory procedures under Section 144B renders faceless assessment orders void. The rul...
Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...
Income Tax : Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time bar...
Income Tax : The Kerala High Court, today admitted a batch of Writ Petitions challenging the constitutional validity of the Faceless Assessment...
Income Tax : ITAT Mumbai remanded the case to examine whether Section 56(2)(x) applied based on the agreement date and to consider refund of ex...
Income Tax : ITAT Mumbai deleted a Section 69 addition after finding documentary evidence established joint ownership, source of funds, and ear...
Income Tax : ITAT Kolkata condoned appeal delay, set aside the CIT(A)'s order, and remanded the assessment for fresh adjudication after grantin...
Income Tax : ITAT Mumbai quashed a Section 148 notice issued after the limitation under the first proviso to Section 149, holding the reassessm...
Income Tax : The High Court held that an assessment order passed without issuing a show cause notice detailing the proposed additions violated ...
Income Tax : CBDT issues guidelines for IT verification under Section 144B(5), detailing circumstances for digital and physical checks, effecti...
Income Tax : In pursuance of sub-section (3) of section 144B of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby makes the fo...
Income Tax : Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) unde...
Income Tax : Roll out of first phase of changes in ITBA functionalities for Faceless Assessment due to amendments in Section 144B by Finance Ac...
Income Tax : National Faceless Penalty Centre, in accordance with the guidelines issued by the Board, may,–– (a) in a case where imposit...
The Court held that the entire series of reassessment actions, including the final assessment and penalty notices, were bad in law because the initiating notices were issued by the wrong authority, violating Section 151A. This quashing emphasizes the mandatory nature of the faceless assessment protocol, unless the Supreme Court later validates the department’s action.
The Pune ITAT quashed a Section 263 revision, holding that interest earned by a credit society from deposits in co-operative banks qualifies for the Section 80P deduction as part of business income. The ruling affirms that the AO’s acceptance of the claim, being a plausible view based on precedents, cannot be set aside merely because the PCIT holds a different opinion.
The ITAT Pune ruled that a reassessment initiated under sec.147/148, even for non-filers who later filed a return, is void ab initio if the mandatory 143(2) notice is not issued. The Tribunal set aside the cash deposit addition and remanded the matter for fresh adjudication, reinforcing that 143(2) notice is a jurisdictional requirement.
The Karnataka High Court allowed the petition, declaring the reassessment order and all related penalty notices for AY 2016-17 invalid because the initial proceedings were initiated without proper jurisdictional approval under Section 151A. The judgment underscores the critical nature of procedural integrity in faceless assessments, reserving the right for the department to reinstate the case based on a future Supreme Court ruling.
Madras High Court granted an interim stay on all recovery proceedings initiated by the Income Tax Department against the reassessment order. The Court explicitly linked its decision and the case’s future to the Supreme Court’s forthcoming ruling in Hexaware Technologies, establishing a clear procedural precedent for similar reassessment writ petitions.
The case challenged the sustained addition of purchases solely because the supplier, though having active ITC, failed to respond to a tax notice or was inactive on the GST portal. The Tribunal ruled the entire addition unsustainable, noting the purchases were supported by bank payments, invoices, and stock records. The key takeaway is that the non-cooperation of a supplier or an inactive GST status alone is not sufficient to treat purchases as unexplained expenditure.
The tribunal remanded the appeal to the Commissioner after the penalty for furnishing inaccurate particulars was affirmed. The assessee is now granted a fresh opportunity to submit documents and respond, ensuring substantial justice.
The ITAT Agra set aside the addition of ₹34.45 crore under Section 41(1) against Ginni Filaments, ruling that the evidence (creditor confirmations, invoices, and payment proof) must first be verified by the AO.
The ITAT set aside the PCIT’s revision order, confirming that the sale of an entire residential building floor-by-floor to different buyers still constitutes the sale of one single house property for Section 54 claim purposes. Since the AO had already examined the capital gains claim in detail, the assessment was neither erroneous nor prejudicial to the Revenue, invalidating the Section 263 proceedings.
The ITAT ruled the entire reassessment void ab initio because the 148 notice, issued after March 29, 2022, was served by the Jurisdictional AO (JAO) instead of the mandatory Faceless AO (FAO). Following High Court precedent, the tribunal held that this is a non-curable jurisdictional defect that voids the notice and the subsequent assessment.
