Category: Income Tax

CBDT guidelines for applicability of section 143(1)(a)(vi) for ITR processing pertaining to ITR Forms 2-3-4-5 & 6 Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes Instruction No. 10/2017 North Block, New Delhi, the 15th of November, 2017 Order under section 119 of …

Department can file appeal notwithstanding Monetary Limits if issue decided by the CIT-Appeals or Tribunal is contrary to the judgments of the Supreme Court-High Court   ABCAUS Case Law Citation: ABCAUS 2119 (2017) (11) HC Under the Income Tax Act, 1961 (the Act), section 268A authorises the Central …

CBDT promotes 229 ITOs to the grade of ACIT on adhoc basis for one year CBDT has promoted 229 Income Tax Officers (ITO) to the grade of Assistant Commissioner of Income Tax (ACIT) on adhoc basis for a period of one year. It has been clarified that these …

Defective return notice u/s 139(9) for non tax audit. CPC has sent emails stating such notices were issued inadvertently and advised to ignore them It is reported by many assessees that even in the cases where  tax audit report has been duly filed and duly approved, they have …

Manual paper return with refund claims filed by non super senior citizens not valid-CBDT As per Section 139(1) of the Income Tax Act, 1961 read with Rule 12(3) of Income Tax Rules, 1962, every individual whose total income during the previous year exceeds five lakhs or if any …

CIT can exercise powers u/s 263 despite assessee’s appeal on that or some other aspect if the same was the subject matter of AO’s order, if in his opinion, it was erroneous-High Court   ABCAUS Case Law Citation: ABCAUS 2119 (2017) (11) HC The Challenge/Grievance: The assessee was …

Indirect Transfer provisions for redemption of share or interest outside India under the Income-tax Act 1961-Clarification by CBDT  Circular No.28/2017 F.No. 500/10/2017-FT&TR-IV Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes Dated, the 7th of November , 2017. Sub:  Clarification on Indirect Transfer …

Delhi High Court strucks down seven ICDS as ultra vires with CBDT Notification Nos. 87 and 88 dated 29th September 2016 and Circular No. 10 of 2017   ABCAUS Case Law Citation: ABCAUS 2117 (2017) (11) HC The Challenge/Grievance: The Petitioners had challenged the constitutional invalidity of: (i) …

CBDT cannot issue circular with retrospective effect-Supreme Court. Revised monetary limits for appeals to apply prospectively. CBDT vide Instruction No. 3/2011 dated 09.02.2011 had revised the monetary limits of tax effect for filing appeals before, Tribunal, High Courts or Supreme Court. The para 11 of the said Instruction stated …

No delay condonation application was required for appeals when the order was received late- ITAT restores appeals of the assessee to the file of CIT-A  ABCAUS Case Law Citation: ABCAUS 2115 (2017) (11) ITAT The Challenge/Grievance: The assessee had challenged the orders of Commissioner of Income Tax –Appeals …