Category: 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 Income …

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 …

Remuneration paid to partners cannot be disallowed for want of registration of firm. There is no requirement that partnership firm should be registered under the Partnership Act. ABCAUS Case Law Citation:ABCAUS 3136 (2019) (09) ITAT The appeal of the assessee was directed against the order of the Commissioner …

Thresholds of tax forgone for prior approval of CIT (intl taxation) for issue of certificate u/s 197 of the Income Tax Act increased to Rs. 10 crores F. No.275/16/2019-IT(B)Government of IndiaMinistry of Finance, Department of RevenueCentral Board of Direct Taxes***** North Block, New  Delhi 2nd September, 2019 Office …

Set off of STCG loss with STCG allowed despite the assessee had not claimed it in his return of income nor filed revised return ABCAUS Case Law Citation:ABCAUS 3133 (2019) (09) ITAT Important case law relied upon by the parties:Goetze (India) Ltd., vs. CIT 284 ITR 323 (SC)CIT …

Assessees maintaining and not maintaining stock register cannot be equated. ITAT directs addition on estimate basis for possible leakage of revenue ABCAUS Case Law Citation:ABCAUS 3132 (2019) (09) ITAT Important case law relied upon by the parties:Kachwala Gems Vs. CIT 288 ITR 10 (SC)M/s. Chadha Automobiles India reported …