Income Tax : Judicial rulings clarify that satisfaction for initiating action against other persons in search cases must be recorded promptly. ...
Income Tax : CBDT issues new compounding guidelines simplifying process, eligibility, charges, and procedures under the Income-tax Act from Oct...
Income Tax : CBDT's new Compounding of Offence Guidelines (2024) simplify the process but maintain strict compliance rules. Learn about eligibi...
Income Tax : AY 2015-16 assessment under Section 153C held time-barred. Judicial rulings confirm six-year limit runs from handing over of seize...
Income Tax : Learn why a consolidated satisfaction note for multiple assessment years is legally invalid under Section 153C of the Income Tax A...
Income Tax : Learn about the new block assessment provisions for cases involving searches under section 132 and requisitions under section 132A...
Income Tax : The Tribunal held that an unsigned agreement without corroboration cannot be treated as incriminating material. Proceedings under ...
Income Tax : The Tribunal deleted additions where the Revenue failed to prove actual cash transactions. It emphasized that suspicion and assump...
Income Tax : The Tribunal held that reopening under Section 147 was invalid where it was based on third-party search material. It ruled that Se...
Income Tax : The issue was whether a notice granting less than the statutory minimum time is valid. The tribunal held that giving less than 7 d...
Income Tax : The Court held that a 21-month delay in recording the satisfaction note violates the requirement of immediacy. It ruled that such ...
Income Tax : Central Government has decided to extend the time limits to 30th June, 2021 in the following cases where the time limit was earlie...
Income Tax : Availability of Miscellaneous Functionalities related to ‘Selection of Case of Search Year’ and ‘Relevant Search...
The Tribunal held that a generic, non-specific satisfaction note and the absence of incriminating material belonging to the assessee-company rendered the Section 153C proceedings invalid from the outset.1 Consequently, the entire assessment, including additions for commission income, was quashed.
Following the ratio of the Delhi High Court, the ITAT held that the rubber stamp approval {u/s 153D} was non est in law, leading to the quashing of all assessments and the deletion of huge additions made against the assessee. The key takeaway for taxpayers is the success of challenging search assessments on the legal ground of invalid, mechanical u/s 153D approval.
This ruling underscores the mandatory requirement for incriminating material to sustain additions in a Section 153C search assessment, leading to the deletion of a major bogus Long-Term Capital Gains (LTCG) addition. Furthermore, the ITAT confirmed that a partnership firm’s investment and income cannot be attributed to an individual partner, securing significant tax relief.
Madhya Pradesh High Court rules that share of profit from taxable AOPs cannot be taxed again in the member’s hands, upholding ITAT’s order in Principal Commissioner vs. Ramesh Chandra Rai.
The AO made massive ex-parte additions under Section 69A after the assessee failed to respond to notices sent to an incorrect email ID of his deceased former CA. The ITAT upheld the CIT(A)’s decision to set aside the ex-parte assessment for fresh adjudication, utilizing the Finance Act 2024 amendment to Section 251, which grants the CIT(A) the power to remit Section 144 best judgment assessments.
Hyderabad ITAT ruled that the Rs.153C notice against VPR Mining for AY 2018-19 was void ab initio. The court held that without incriminating material pertaining to the relevant year, an assessment based solely on external GST data, independent of the original search and seizure, is invalid.
The Tribunal deleted the unexplained investment (Section 69) and cash interest (Section 69A) additions, emphasizing that unsigned, vague slips and digital data, where the parties were not confronted and no independent verification was done, have no evidentiary value in search assessment law. This aligns with Supreme Court rulings on the invalidity of additions based on non-speaking loose sheets.
The Tribunal voided the reassessment, citing multiple legal failures: it was time-barred under the new law, the AO failed to share mandatory material, and the condition under Section 149(1)(b) requiring a proven asset/expenditure was not met. The ruling provides strong takeaways on the validity of new reassessment provisions.
ITAT annulled an assessment and addition of $\text{Rs. }31.80$ crore of share capital made under Section 153C, ruling that the jurisdiction was invalid for an unabated assessment year. The key takeaway is that for an already completed assessment, the AO must rely on incriminating material found during the search, not mere statutory documents already in the books.
CBDT’s new Compounding of Offence Guidelines (2024) simplify the process but maintain strict compliance rules. Learn about eligibility, non-refundable fees, mandatory payment of all outstanding tax dues, the structure of compounding charges for offences like TDS/TCS default or tax evasion (Sec. 276C), and rules for late applications.
