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Judiciary

Charitable Trust Registration rejection without Application of Mind is Unsustainable

September 5, 2023 5205 Views 0 comment Print

A detailed analysis of ITAT Mumbai ruling in Surti Modh Vanik Jagruti Mandal Vs ITO (E). Learn why ITAT found CIT(E) rejection of the trust unsustainable.

ITAT quahes Revision Order u/s 263 for Re-examining Large Cash Deposits in Bank

September 5, 2023 3378 Views 0 comment Print

Analyzing the recent ITAT Delhi ruling in Navneet Bhardwaj Vs PCIT, which nullified a revisionary order under section 263 of the Income Tax Act for AY 2016-17, touching upon the legal intricacies and implications.

No Section 271(1)(c) Penalty if AO’s Addition Lacks Jurisdiction

September 5, 2023 426 Views 0 comment Print

DCIT Vs Milan Kavinchandra Parikh (ITAT Mumbai) Introduction: The Income Tax Appellate Tribunal (ITAT) Mumbai recently delivered a pivotal judgment in the case between the Deputy Commissioner of Income Tax (DCIT) and Milan Kavinchandra Parikh. The judgment raises key questions surrounding the jurisdiction of penalties levied under section 271(1)(c) of the Income Tax Act, 1961. This […]

Public Auction Sale Deed Value is to be Considered as Fair Market Price

September 5, 2023 3054 Views 0 comment Print

ITAT Mumbai in ITO vs Mahavir Enterprises case held that consideration paid by assessee, being higher/successful bidder, of e-tender floated by bank is fair market value of property

DGGI investigation cannot be stopped for investigation of any other entity

September 5, 2023 1143 Views 0 comment Print

Petitioner has a separate GST registration. If any of DGGI authorities has found it necessary to investigate petitioner based on certain information, said investigation cannot be stopped or interdicted on account of investigation conducted with respect of any other entity.

AO Must allow Advance Tax credit Despite Assessee Error: ITAT Mumbai

September 5, 2023 954 Views 0 comment Print

Analysis of the ITAT Mumbai ruling in the case of Damco India Pvt Ltd Vs CIT. Key insights into why the AO must grant advance tax credits overlooked by the taxpayer.

Delay in Filing Form 67 Doesn’t Bar Foreign Tax Credit: ITAT Ruling

September 5, 2023 1752 Views 0 comment Print

In the case of Suresh Kumar Doodi vs. ACIT, ITAT Jaipur rules that delay in filing Form 67 doesn’t result in disallowance of Foreign Tax Credit under Rule 128(9).

Initiation of assessment proceedings u/s 153C in case of searched assessee is invalid

September 4, 2023 2166 Views 0 comment Print

ITAT Amritsar held that initiation of Assessment Proceedings u/s 153C, instead of section 153A, in case of the searched assessee makes the entire assessment invalid. Accordingly, penalty levied u/s 271(1)(c) is not maintainable.

Issuance of notice to demerged company is invalid

September 4, 2023 543 Views 0 comment Print

ITAT Indore held that issuance of notice under section 148 of the Income Tax Act to the demerged company i.e. non-existent company is invalid and liable to be quashed.

Period in deduction section 54EC of Income Tax Act has to be regarded as six British Calendar months

September 4, 2023 1053 Views 0 comment Print

ITAT Mumbai held that in terms of General Clauses Act, 1897 period of six month mentioned in Section 54EC of the Income Tax Act has to be regarded as six British Calendar months.

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