section 260A

Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

Income Tax - On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

Substantial Question of Law under section 260A of Income Tax Act, 1961

Income Tax - Substantial question of Law (SQL). On interpretation of section 260A of the Income Tax Act , 1961 and section 100 of the code of civil procedure, The Hon’ble Supreme Court reiterated that it is essential that the High Court must formulate substantial question of law (SQL) and only such SQL can be and need to […]...

Scope of appeals from ITAT orders u/s. 260A of Income-tax Act, 1961 and S. 15 of N.T.T. Act, 2005

Income Tax - A remedy by way of appeal from the orders of ITAT is provided both u/s.260A of the Income-tax Act, 1961 and u/s.15 (w.e.f. 6-1- 2006) of the N.T.T. Act, 2005. Although appeals from the orders of ITAT are supposed to be filed only in the National Tax Tribunal from 6-1-2006, yet appeals are being filed in the High Court for good reasons. He...

Sorry No Post Found

Nature and source of investment duly explained hence addition u/s 69 not sustained

PCIT Vs Joginder Singh Chatha (Punjab and Haryana High Court) - Punjab and Haryana High Court held that addition under section 69 of the Income Tax Act towards unexplained investment unsustainable as nature and source of the investment duly explained....

No appeal lies u/s. 260A against an order passed u/s. 254(2) of Income Tax Act

PCIT Vs Sekhar Kumar Mohapatra (Orissa High Court) - Orissa High Court held that order passed under Section 254 (2) of the Income Tax Act, 1961 cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court....

Deduction u/s 80HHC not available on profits earned on account of foreign exchange fluctuation

Shah Originals Vs CIT (Supreme Court of India) - Supreme Court held that profits earned on account of foreign exchange fluctuation cannot be included/ treated as derived from the business of export income. Accordingly, deduction under section 80HHC of the Income Tax Act not available....

Penalty u/s. 271(1)(c) unsustainable in absence of concealment of income or furnishing inaccurate particulars

CIT Vs Shell Global Solutions International B.V. (Gujarat High Court) - Gujarat High Court held that initiation of penalty proceedings u/s 271(1)(c) of the Income Tax Act in the absence of any material to establish the concealing of income or furnishing inaccurate particulars unsustainable-in-law....

Travel expenditure incurred for business interest cannot be disallowed

PCIT VS Azure Retreat Pvt Ltd (Delhi High Court) - Delhi High Court held that disallowance of travel expenditure unjustified as the expenses incurred had a nexus with the business interest of the respondent/assessee and AO has not brought anything on record to prove that the expenditure were of personal nature....

Allocation of quantities of cotton yarn for export in terms of Policy Circular No.17 dated 10th February 2011

Trade Notice No. 07/2011 - (10/03/2011) - All conditions in policy circular no 15 of 1st February 2011 will continue to apply, except the specification about dates and the calendar given in Annexure 2 thereof since the allocation is being made today (10th March 2011 and not on 10th February 2011). Special attention be paid to para 3(iv) & (...

Recent Posts in "section 260A"

Nature and source of investment duly explained hence addition u/s 69 not sustained

PCIT Vs Joginder Singh Chatha (Punjab and Haryana High Court)

Punjab and Haryana High Court held that addition under section 69 of the Income Tax Act towards unexplained investment unsustainable as nature and source of the investment duly explained....

No appeal lies u/s. 260A against an order passed u/s. 254(2) of Income Tax Act

PCIT Vs Sekhar Kumar Mohapatra (Orissa High Court)

Orissa High Court held that order passed under Section 254 (2) of the Income Tax Act, 1961 cannot be construed to be an order within the meaning of Section 260A to make it appealable before this Court....

Deduction u/s 80HHC not available on profits earned on account of foreign exchange fluctuation

Shah Originals Vs CIT (Supreme Court of India)

Supreme Court held that profits earned on account of foreign exchange fluctuation cannot be included/ treated as derived from the business of export income. Accordingly, deduction under section 80HHC of the Income Tax Act not available....

Penalty u/s. 271(1)(c) unsustainable in absence of concealment of income or furnishing inaccurate particulars

CIT Vs Shell Global Solutions International B.V. (Gujarat High Court)

Gujarat High Court held that initiation of penalty proceedings u/s 271(1)(c) of the Income Tax Act in the absence of any material to establish the concealing of income or furnishing inaccurate particulars unsustainable-in-law....

Travel expenditure incurred for business interest cannot be disallowed

PCIT VS Azure Retreat Pvt Ltd (Delhi High Court)

Delhi High Court held that disallowance of travel expenditure unjustified as the expenses incurred had a nexus with the business interest of the respondent/assessee and AO has not brought anything on record to prove that the expenditure were of personal nature....

Delhi HC Upholds ITAT’s Decision on Comparables for Arm’s Length Price

PCIT Vs Chrys Capital Investment Advisors (India) Pvt. Ltd. (Delhi High Court)

Delhi High Court supports ITAT’s verdict on the selection of comparables for determining the Arm’s Length Price of an international transaction. Get insights on PCIT vs Chrys Capital...

Assessment order passed without mentioning of DIN was invalid and should be deemed to have never been passed

Rhone Associates Pvt Ltd Vs ACIT (ITAT Delhi)

Since there was no DIN mentioned in the assessment order which was contrary to the CBDT Circular No.19/2019 dated 14th August 2019, therefore, the jurisdiction assumed was invalid as generation of DIN subsequently and generation of intimation to be sent to assessee were of no consequence for the purpose of assessment and raising the deman...

Deduction was allowable on upfront loan processing fee paid in lumpsum in the year of payment

CIT Vs Indus Towers Ltd. (Delhi High Court)

Merely because the loan processing charges though paid upfront but amortized over a period of five years, solely to be in consonance with the mercantile system of accounting, deduction of the entire charges in lump sum in the year in which the same were paid could not be denied to assessee....

Service tax leviable on teaching yoga & meditation under ‘Health & Fitness Services’

Patanjali Yogpeeth Trust Vs Commissioner of Central Excise (CESTAT Allahabad)

CESTAT Allahabad held that service tax is leviable on services relating to health & fitness by way of teaching yoga and meditation under the category of ‘Health and Fitness Services’....

Disallowance u/s 14A without scrutinizing books of accounts is unwarranted

PCIT Vs Security Printing and Mining Corporation of India Ltd (Delhi High Court)

Delhi High Court held that disallowance under section 14A of the Income Tax Act without scrutinizing the accounts of the respondent/assessee unjustified in law and hence liable to be set aside....

Browse All Categories

CA, CS, CMA (6,759)
Company Law (9,790)
Corporate Law (12,998)
Custom Duty (10,567)
DGFT (5,108)
Excise Duty (5,575)
Fema / RBI (5,648)
Finance (6,351)
Income Tax (48,760)
SEBI (5,239)
Service Tax (4,842)