Category: Income Tax

Before Amendment Section 14A cannot be invoked if no exempt income was earned – ITAT In a recent judgment, ITAT Rajkot has held that for the pre-amendment period, section 14A cannot be invoked where no exempt income was earned. Admission of SLP, is a significant step in the …

Penalty u/s 270A(9)(a) can not be levied on adhoc additions – ITAT In a recent judgment, ITAT Hyderabad has held that penalty u/s 270A(9)(a) can not be levied on adhoc additions. ABCAUS Case Law Citation:ABCAUS 4159 (2024) (07) ITAT In the instant case, the assessee had challenged the …

CPC intimation u/s 143(1) valid though digitally signed after expiry of limitation period – ITAT In a recent judgment, ITAT Ahmedabad has held that CPC intimation u/s 143(1) was valid even though it was digitally signed by the AO after expiry of limitation period ABCAUS Case Law Citation:ABCAUS …

CIT empowered to exercise power u/s 263 over penalty orders passed u/s 271(D) and 271D by the Joint Commissioner of Income Tax. In a recent judgment, Hon’ble Punjab and Haryana High Court has held that CIT is empowered to exercise jurisdiction u/s 263 over penalty orders passed u/s …

Reopening notice u/s 148 and order u/s 148A(d) quashed as it was issued by Jurisdictional AO and not by a Faceless AO In a recent judgment, Hon’ble Bombay High Court has quashed notice u/s 148 and order u/s 148A(d) as they were issued by the Jurisdictional Assessing Officer …

Wrong amount of income accumulation mentioned in Form-10 due to clerical error – ITAT deleted addition made by AO  In a recent judgment, ITAT Guwahati has deleted addition made due to wrong amount of income accumulation u/s 11(2) was mentioned in Form 10 due to clerical error and …

CBDT extends cut off date for investment by Twelve sovereign wealth funds / Pension Funds from 31st March 2024 to 31st March, 2025. CBDT has issued Notifications whereby cut off date for investment by twelve Sovereign Wealth Funds / Pension Funds has been extended for claiming exemption u/s …

Appeal against inadequacy of sentence passed by special court in income tax prosecution cases dismissed by High Court  In a recent judgment, Hon’ble Karnataka High Court has dismissed the appeal filed by the Income Tax Department against inadequacy of sentence passed by special court in prosecution cases under …

CPC order u/s 143(1) is appealable and hence the doctrine of merger with order u/s 143(3) do not arise – ITAT In a recent judgment, ITAT Chennai has held that CPC order u/s 143(1) is appealable and hence the doctrine of merger with order u/s 143(3) do not …

Merely increasing agriculture expenditure & reducing agriculture income will not result in income from other sources – ITAT In a recent judgment, ITAT Bengaluru has held that increasing or decreasing of any agriculture expenditure is irrelevant if income of the assessee is solely agriculture in nature & merely …