Category: Income Tax

Broken period interest paid on purchase of securities was revenue expenditure since the securities constituted stock-in-trade In a recent judgment, Hon’ble Supreme Court has dismissed the SLP against the judgment of Telangana High Court in holding that broken period interest paid on purchase of securities was revenue expenditure …

ITAT quashed reassessment on the basis of borrowed belief of Anti-Corruption Bureau without applying mind In a recent judgment, ITAT Ahmedabad has quashed reopening order as the Assessing Officer had reopened the case on the basis of borrowed belief of Anti-Corruption Bureau without applying his mind to the …

In considering disallowance u/s 40A(2) for payments to specified persons, genuineness of expenditure is not a relevant issue. In a recent judgment, ITAT Lucknow has held that when a disallowance u/s 40A(2) of towards payments made to specified persons is under consideration, the genuineness of the expenditure is …

Expression “Yes I am satisfied” in approval u/s 151 not such a vital defect on the basis of which, re-opening could be quashed In a recent judgment, ITAT Chandigarh has held that expression “Yes I am satisfied” while granted approval under section 151 not such a vital defect …

Section 143(1) Intimation is only an intimation and it cannot be treated as an order for the purpose of Section 264 of Income Tax Act. In a recent judgment Hon’ble Kerala High Court has held that Section 143(1) Intimation is only an intimation and it cannot be treated …

Order u/s 127 quashed as PCIT having jurisdiction over non corporate assesee could not have transferred case of a corporate assessee to another AO In a recent judgment ITAT has quashed assessment as PCIT having jurisdiction over non corporate assesee could not have assumes jurisdiction to transfer a …

No obligation to deduct tax at source u/s 195 on the commission paid to non-resident foreign commission agent not liable to pay tax in India – ITAT In a recent case, ITAT Agra has held that there was no obligation for the assessee to deduct tax at source …

Deduction u/s 80P denied as assessee did not file return u/s 139(1) but beyond the due date only in response to notice u/s 148 In a recent judgment, Hon’ble Karnataka High Court has upheld denial of deduction under section 80P as by no stretch of imagination a return …

Return could not be said to be non est for non e-verification when AO had been taken due cognizance of the returned income in the Assessment order. In a recent judgment, Allahabad High Court has held that return could not be held to be non est for non …

Section 43CB read with ICDS-III is applicable to contractors and not real estate developers – ITAT In a recent judgment, ITAT Chennai has held that provisions of Section 43CB read with ICDS-III were applicable to contractors and not real estate developers and therefore the assessee being a developer …