Income Tax : Judicial rulings clarify that Section 54 focuses on timely investment of capital gains, not rigid legal ownership milestones. The ...
Income Tax : The ITAT held that an assessment completed before receiving the DVO report under section 50C(2) is invalid. All additions and disa...
Income Tax : Understand the statutory time limits for filings, applications, approvals, and settlement processes under the Income-tax Act, incl...
Income Tax : Learn the scope, time limits, and procedure for correcting mistakes apparent from records under Section 154, including appeal rest...
Income Tax : Faceless Income-tax proceedings and e-assessments under Section 144B simplify taxpayer compliance. Use the e-filing portal for ele...
Income Tax : KSCAA has made a Representation on Challenges in Income Tax Related to Rectification Proceedings, Order Giving Effect, Delay in P...
Income Tax : Even after due efforts taken by the Government to ensure compliance relating to filing of TDS returns by the deductors, the defaul...
Income Tax : Taxpayers who are not satisfied with the outcome of processing of their Income Tax Return by the Centralized Processing Centre, Be...
Income Tax : Department introduces new facility for online submission of rectification request in cases where processing was completed by CPC B...
Income Tax : ITAT Hyderabad held that addition of Rs. 13 lakh under Section 69A through rectification proceedings exceeded the scope of Section...
Income Tax : Tribunal held that deduction for bad debts is allowable in the year in which the debts are actually written off in the books of ac...
Income Tax : The ITAT Delhi held that the Assessing Officer could not alter book profit under Section 115JB by disallowing losses from alleged ...
Income Tax : ITAT Mumbai held that Form 3CL issued by DSIR could not be treated as additional evidence during rectification proceedings since i...
Income Tax : ITAT Delhi held that lawful TDS credit cannot be denied merely because the Assessing Officer overlooked an earlier rectification o...
Income Tax : Taxpayers who are not satisfied with the outcome of processing of their Income Tax Return by the Centralized Processing Centre, Be...
Income Tax : Instruction No. 02/2016 Section 154 of the Act mandates that rectification order shall be passed in writing by the Income Tax auth...
Income Tax : Instruction No. 01/2016 section 154 stipulates that where application for amendment is made by assessee/deductor/collector with a...
Income Tax : 225/148/2015-ITA-II Expeditious disposal of applications for rectification under section 154 of the Income-tax Act, 1961 (Act) dur...
Income Tax : INSTRUCTION NO. 3/2013 Hon'ble Delhi High Court vide Judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/...
Faceless Income-tax proceedings and e-assessments under Section 144B simplify taxpayer compliance. Use the e-filing portal for electronic communication, respond to notices and queries, manage outstanding tax demands (agree, disagree, pay), and file rectification requests for apparent errors.
The Court stayed recovery proceedings initiated under Section 226(3) against the assessee’s bank accounts, noting that a stay application was already scheduled for hearing. Since the taxpayer had exercised his appellate and rectification rights, the Court found the Department’s coercive action premature. It ordered maintenance of status quo until the next hearing date. The judgment emphasizes fairness and procedural propriety in tax recovery.
Primary Agricultural Credit Co-operative Society Vs ITO (ITAT Bangalore) Rectification Can’t Rewrite Scrutiny Order — ITAT Quashes 80P Disallowance for Co-op Society; ITAT Bangalore sets aside rectification disallowing 80P deduction – delay condoned for co-operative society Assessee, a Primary Agricultural Credit Co-operative Society, filed return for AY 2020-21 declaring NIL income after claiming deduction u/s 80P(2)(a)(i) […]
ITAT Delhi partly allowed assessee’s appeal, reducing unexplained income from ₹10.08 crore to ₹2.22 crore and lowering commission on inter-mediated transactions from 3% to a fair 1%, emphasizing verification of cash and cheque entries under same code.
The core issue was the denial of Foreign Tax Credit (FTC) due to two contradictory CIT(A) orders, one of which cited the late filing of Form 67. The ITAT ruled that since Form 67 was filed before the end of the Assessment Year as per the amended Rule 128(9), the assessee is entitled to the FTC. This decision confirms the extended time limit for filing Form 67 and upholds the principle that one appellate authority cannot overrule a final order of another appellate authority for the same year.
ITAT Mumbai held that reopening of assessment under Section 147 of the Income Tax Act is invalid if based on no new tangible material. The order clarified that such reopening is legally unsustainable and liable to be quashed.
The ITAT Ahmedabad set aside an order that attempted to rectify an assessment to tax a survey disclosure under Section 69A/115BBE instead of normal business income. The Tribunal ruled that the question of classifying the already accounted income as business receipts versus unexplained money is a debatable issue that falls outside the limited scope of rectification under Section 154.
Mumbai ITAT ruled in favor of Dosti Realty Limited, deleting a ₹2.06 Crore expense disallowance made under Section 154. The Tribunal held that the AO’s contradictory finding of “under assessment” invalidates rectification jurisdiction, and the expense, based on actual estimation, was not a contingent liability.
The ITAT set aside the additional tax demand raised by applying Section 50C through Section 154 (Rectification), ruling that this aspect of the transaction must be adjudicated simultaneously with the primary, remanded issues of cost of acquisition and cost of improvement. The final computation must await the fresh determination of the capital gains after the DVO report and verification of expenses.
The ITAT deleted the entire Rs.3.94 crore Transfer Pricing (TP) adjustment, ruling that three companies involved in product development, distribution, and proprietary software (Kellton, Magnasoft, Interglobe) were functionally dissimilar to a captive software service provider.2 The Tribunal held that excluding these companies brought the assessees margin of within the Arms Length Price (ALP) range.
