Category: Income Tax

Evidentiary value of a statement made on oath by the assessee to the income tax authority in survey proceedings u/s 133A of the Income Tax Act-High Court explains ABCAUS Case Law Citation:ABCAUS 3144 (2019) (09) HC Important case law relied upon by the parties:Paul Mathews and Sons v. …

Prosecution u/s 276B set aside as intention of company was to deposit TDS, but due to bad financial condition the same was not deposited in time but later on In a recent judgment, The Session Judge set aside the prosecution u/s 276B and sentence of Rs. 25 lakhs …

CBDT amends Income Tax Rules / Form 56/10G regarding application for exemption u/s 10(23C) and 80G. Read CBDT Notification  MINISTRY OF FINANCE(Department of Revenue)(CENTRAL BOARD OF DIRECT TAXES) Notification No. 60/2019-Income Tax New Delhi, the 5th September, 2019 S.O. 3215(E).—In exercise of the powers conferred by the first …

Interest awarded in motor accident claim cases from the date of the Claim Petition till passing of award/judgment not taxable, being not an income. ABCAUS Case Law Citation:ABCAUS 3142 (2019) (09) HC Important case law relied upon by the parties:Rama Bai and ors. vs. Commissioner of Income Tax, …

Principles of law and legal position regarding exercise of revisionary powers u/s 263. ITAT explains the twin conditions as laid down by Supreme Court/ High Courts ABCAUS Case Law Citation:ABCAUS 3141 (2019) (09) ITAT Important case law relied upon by the parties:Malabar Industrial Co. Ltd. vs. CIT, 243 …

Reopening for escaped FDR income upheld when in original assessment profits was estimated only on contract income ignoring interest income ABCAUS Case Law Citation:ABCAUS 3140 (2019) (09) ITAT Important case law relied upon by the parties:ACIT vs. Rajesh Jhaveri Stock Brokers P. Ltd.’ 2007 291 ITR 500Raymond Woolen …

CBDT may direct filing departmental appeals in exception to monetary limits in organised tax evasion activity.  Circular No. 23 of 2019 F, No . 279/Misc./M-93/2018-ITJ (Pt.)Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial  Section New Delhi, 6th September 2019 Subject: -Exception to monetary …

Penalty u/s 271E deleted in the absence of proof /receipt acknowledging the repayment of loan in cash by the assessee. ABCAUS Case Law Citation:ABCAUS 3139 (2019) (09) ITAT In the instant case, the assessee had filed appeal against the order of the CIT(A) whereby he had confirmed levy …

CBDT Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20 F. No. 225/169/2019/ITA-IIGovernment of India Ministry of Finance Department of RevenueCentral Board of Direct Taxes (ITA-II division) North Block, New Delhi, the 5th September, 2019 ToAll Pr.  Chief-Commissioners  of  Income-tax/Chief-Commissioner All Pr. Directors-General of …

Waiver of rent payable by tenant amounts to application of income and therefore taxable. It cannot be construed as overriding title – ITAT ABCAUS Case Law Citation:ABCAUS 3137 (2019) (09) ITAT The assessee had appealed against the order of the Commissioner of Income Tax (Appeals) in confirming the …