Category: Income Tax
No disallowance u/s 40(a)(ia) can be made merely for not e-filing form 26A which is a procedural lapse. In a recent judgment, ITAT Mumbai has held that no disallowance u/s 40(a)(ia) can be made merely for not e-filing form 26A which is a procedural lapse. ABCAUS Case Law …
CBDT asks Income Tax officials to avoid asking irrelevant and unjustified queries in scrutiny notices issued to taxpayers. CBDT issues Instruction to Income Tax officials to not to ask irrelevant and unjustified queries in scrutiny notices issued to taxpayers. Recently an annexure to notice under section 142(1) allegedly …
Once repayment of the loan is established, credit entries cannot be added to income in isolation ignoring the debit entries despite being made in the later years – ITAT In a recent judgment, ITAT Calcutta has deleted addition for unexplained cash credit observing that once repayment of the …
Travel back theory as propounded by the CBDT Instruction is against the spirit of the ratio laid down by the Hon’ble Apex Court in Ashish Agarwal case – ITAT In a recent judgment, ITAT Jaipur has held that travel back theory as propounded by the CBDT Instruction is …
Failure of AO to draw inferences cannot mean that the petitioner had not disclosed all the material facts – High Court In a recent judgment, Hon’ble High Court has held that assessee’s duty is only to disclose primary facts and it is for the Assessing Officer (AO) to …
Notification for protocol amending the Agreement between the Republic of India and Sultanate of Oman for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income. India and Oman has made amendments to protocol for the avoidance of double taxation and …
Undated, unsigned and typed loose sheet of paper are dumb document, could not be taken as the sole basis for determination of undisclosed income In a recent judgment, ITAT Amritsar has held that undated, unsigned and typed loose sheet of paper without witness, without any acceptable narration are …
Interest for delayed payment of compensation under Land Acquisition Act is taxable as capital gain not interest u/s 56 and also eligible for exemption u/s 10(37) – High Court In a recent judgment Kerala High Court has held that interest amounts received by an assessee in respect of …
For arriving at accumulated profits for deemed dividend u/s 2(22)(e), depreciation under Income-tax Act is to be deducted – ITAT In a recent judgment, ITAT Chandigarh has held that for arriving at accumulated profits for deemed dividend u/s 2(22)(e), depreciation under Income-tax Act is to be deducted. Also, …
Non response to show-cause notice u/s 148A(b) would not make the otherwise invalid show-cause notice good – High Court In a recent judgment Patna High Court has held that incorrect information furnished in notice u/s 148(A)(b) which was not supported by any material vitiated the proceeding under section …
