Category: Income Tax

Prosecution u/s 420 of IPC disentitles benefit of IDS-2016 as scheme not apply to prosecution of any offence punishable under Chapter IX or Chapter XVII of the IPC-High Court ABCAUS Case Law Citation: ABCAUS 2343 (2018) (05) HC By the Finance Act, 2016 Government came with a scheme …

Inclusion of period of deduction u/s 80-IA and 80-IB for counting ten years for Section 80-IC is limited to industrial undertakings set-up in North-Eastern Region-Supreme Court ABCAUS Case Law Citation: ABCAUS 2341 (2018) (05) SC The assessee was a manufacturer in Himachal Pradesh and being  an industrial undertaking, …

Jurisdiction of AO cannot be challenged after completion of assessment proceedings. ITAT dismissed assessee’s appeal in view of provisions of section 124(3)(a) The appellant assessee by cross objections had challenged the order passed by the CIT(A) in confirming the action of the Assessing Officer (AO) in framing the …

Deposit of TDS under wrong TAN – ITAT directs credit of TDS to the assessee after verification of challan In the instant appeal, the appellant assessee had challenged the order of the CIT(A) in the matter of order passed under Sections 201(1)/201(1A) of the Income Tax Act, 1961 …

If identity and genuineness of loan transactions proved addition on capacity ground can be made only in the hands of investor-ITAT follows SC The appellant assessee had preferred the instant appeal against the order of the CIT(A) in upholding the additions on account of unexplained loan u/s 68 …

Not signing reasons recorded for reopening invalidated the notice u/s 148. ITAT quashed the reopening as issue of the notice without recording reasons The appellant assessee had preferred the instant appeal against the order of the CIT(A) in upholding the reopening the assessment where reasons recorded for issuance …

No disallowance u/s 40(a)(ia) can be made for short deduction of TDS or deduction under wrong head. ITAT follows jurisdictional High Court decision. The point for consideration was as to whether the provisions of section 40(a)(ia) of the Act could be invoked for short deduction of tax at source. …

No disallowance u/s 40(a)(ia) even if payee files return belatedly u/s 139(4) if payment is considered in tax computation and CA certificate is furnished as per proviso to section  201(1)-ITAT ABCAUS Case Law Citation: ABCAUS 2333 (2018) (05) ITAT The appellant assessee had claimed an expenditure under the …

Taxability of FTS to foreign airliner for providing engineers and flight deck crews remanded to ITAT for reconsideration as per amended DTAA ABCAUS Case Law Citation: ABCAUS 2332 (2018) (05) HC Important Case Laws Cited/relied upon by the parties: Tehniskil (Sendirian) Rerhard vs. C.I.T.(1996) 222 ITR 551 AAR …

CBDT to dedicate a fortnight for Appeal Effect and Rectification for clearing up pendency and redressing public grievance. As per letter issued by the CBDT Member to all PrCCIT/PrDGITs, the redressal of public grievance and taxpayer service is an area of top priority for CBDT and the Government. …