Category: Income Tax

Non resident assessee need not have a permanent establishment in India to be said to carry on business in India In a recent judgment, Hon’ble Supreme Court has held that did not it is not necessary for a non resident assessee to have a permanent establishment in India …

Non-filing of Form 67 along with return, at best can be treated as a technical violation and on that basis, the disallowance could not be made – ITAT In a recent judgment, ITAT Bangalore has held that the non-filing of Form 67 along with the return, at the …

Purchase price per unit of unaccounted river sand can not be taken solely on the sworn statement of the partner without corroborative material In a recent judgment, ITAT Chennai has held that purchase price per unit of unaccounted river sand purchased by the firm can not be determined …

Mining done without environmental clearances or beyond the quantity prescribed in Environment clearance or approved mining plan not illegal mining In a recent judgment, the Orissa High Court upheld quashing of reassessment holding that mining done without environmental clearances or beyond the quantity prescribed in the Environment clearance …

In an unabated assessment, statement made by a third party can’t be treated as incriminating material In a recent judgment, ITAT Kolkata has held that in an unabated assessment incriminating material in terms of provisions of Section 153A cannot be in the form of statement of a third …

Gujarat High Court directs CBDT to extend the due date for filing ITR in audit cases to 30.11.2025 to maintain one months mandatory gap. In a recent judgment, the Gujarat High Court has directed CBDT to extend the due date for filing ITR in audit cases to 30.11.2025 …

TDS u/s 194IC is applicable for payment under JDA to transferor of land and building holding leasehold rights and not ownership. In a recent judgment, ITAT Mumbai has held that it would be against the intent of the legislation to interpret that provisions of TDS under section 194IC …

When the provisions of Section 69A are invoked burden of proof lies on the AO to establish source of unexplained money In a recent judgment, ITAT Delhi has held that settled law is that where the AO invoked the provisions of Section 69A of the Income Tax Act, …

When order u/s 263 is quashed, assessment order passed u/s 143(3) r.w.s. 263 has no legs to stand In a recent judgment, ITAT Agra has held that when order u/s 263 of the Act is quashed, assessment order passed u/s 143(3) r.w.s. 263 has no legs to stand …

When assessee offered income on accrual basis over the years, claim of TDS deducted on maturity of bond can not be disallowed – ITAT In a recent judgment, ITAT Agra has held that when assessee had offered interest income on RBI Bonds on accrual basis over the years, …