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Judiciary

Reopening a case does not require final proof of suppression but rather prima facie material

June 29, 2024 408 Views 0 comment Print

Read the detailed analysis of the Rajasthan High Court’s judgment in Jugal Kishore Lohiya vs Principal Chief Commissioner of Income Tax, focusing on Sections 148 and 148A.

Alleged circular transactions & Bogus Invoicing: HC upheld validity of reassessment proceedings

June 29, 2024 1167 Views 0 comment Print

Explore the detailed analysis of Chetak Enterprises Ltd. Vs ACIT Rajasthan High Court judgment on reopening assessments under Section 148A of the Income Tax Act. Understand the implications and legal nuances.

Late Form 67 filing doesn’t invalidate foreign tax credit claim

June 27, 2024 522 Views 0 comment Print

Explore the detailed analysis of Vinodkumar Lakshmipathi appeal against CIT(A) NFAC regarding foreign tax credit disallowance for AY 2018-19. Understand the implications and legal nuances.

Disallowance post Form 10CCB filing is debatable & not permissible u/s 143(1)

June 27, 2024 303 Views 0 comment Print

Discover the ITAT Kolkata ruling on Surendra Steels vs DCIT, addressing the disallowance of 80IC deduction due to procedural issues and audit report delays.

Filing of Form 67 is procedural or directory requirement not a mandatory one

June 27, 2024 207 Views 0 comment Print

ITAT’s judgment in the case of Eastman Industries Ltd. Vs ACIT addressed critical procedural issues related to the late deposit of employees’ provident fund contributions and the submission of Form 67 for claiming FTC.

SC allows interest on funds given to subsidiaries out of interest free funds

June 27, 2024 348 Views 0 comment Print

CIT Vs Reliance Industries Ltd (Supreme Court of India) The Supreme Court of India adjudicated the appeals filed by the Revenue against the judgment of the Bombay High Court dated 22 & 23 August 2017 for the assessment years 2003-04, 2004-05, 2005-06, and 2006-07. The case dealt with multiple significant questions of law, including the […]

LTCG on Shares: Assumptions without substantial evidence of error shouldn’t trigger action u/s 263

June 27, 2024 357 Views 0 comment Print

Read the detailed analysis of the ITAT Delhi verdict in Pooja Mittal vs PCIT case, addressing the issues of Long Term Capital Gain and supervisory jurisdiction under Section 263.

Assessment not erroneous if AO adopts plausible view despite PCIT’s different opinion

June 27, 2024 198 Views 0 comment Print

If AO adopts a plausible view, even if two views are possible, the assessment cannot be deemed erroneous merely because the PCIT holds a different opinion.

On same observation & issue PCIT cannot direct to make enquiry what he deem fit

June 27, 2024 159 Views 0 comment Print

Detailed analysis of the ITAT Jodhpur decision in Gaurav Purohit vs PCIT, covering the grounds of appeal, legal arguments, and implications for future cases.

Section 263 should not be exercised at instance of assessing officer

June 27, 2024 258 Views 0 comment Print

The court highlighted that jurisdiction under Section 263 should not be exercised at the instance of the assessing officer. This precedent reinforced the Tribunal’s decision to set aside the PCIT’s order in Reeta Lakhmani’s case.

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