Category: Income Tax

DVO Reference us 50C2 must when assessee requested. It was wrong to say that since stamp value was not challenged there was no such need-ITAT

DVO Reference us 50C2 must when assessee requested. It was wrong to say that since stamp value was not challenged there was no such need. This was held in a recent judgment by ITAT Hyderabad. Case Law Details: ITA.No.708/Hyd/2014 Assessment Year 2008-2009  T. Vijayasaradhi  vs. Addl. CIT Date of …

Bedridden person can have agriculture income, advance loan. Summarily Rejecting creditworthiness despite pattadar passbook without verification wrong-ITAT

Bedridden person can have agriculture income, advance loan. Summarily Rejecting creditworthiness despite pattadar passbook without verification wrong-ITAT. This was held by ITAT Hyderabad in a recent judgment as under: Case Law Details: ITA No. 1535/Hyd/2014 (Assessment year: 2009-10) Chenna Reddy Sesha Reddy  (Appellant) vs. Income Tax Officer (Respondent) Date …

DVO Valuation report taking 2 Percent per month escalation for determining the value of property relying on none month old sales instance was not based on any Income Tax Rules-ITAT

DVO Valuation report taking 2 Percent per month escalation for determining the value of property relying on nine month old sales instance was not based on any Income Tax Rules. This was held by the ITAT Hyderabad in a recent judgment. It also pointed out that if the DVO has not …

Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua. Order passed without confronting assessee with remand report quashed

Basic Maxims-Principles of Natural Justice. Audi alteram partem, nemo judex in re sua Quoting the above maxim of natural justice as laid down by the Supreme Court, ITAT, New Delhi in a recent judgment set aside order passed by CIT(A) without confronting the assessee with the remand report …

Income Declaration & Direct Tax Dispute Resolution Scheme 2016. Stakeholder’s views invited on issues requiring further clarification/guidance.

Income Declaration & Direct Tax Dispute Resolution Scheme 2016 Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes PRESS RELEASE New Delhi, 12th May, 2016 Subject: The Income Declaration Scheme 2016 & The Direct Tax Dispute Resolution Scheme 2016. The Income Declaration Scheme, …

No difference between gift and settlement for capital gain. Holding period of previous owner (settlor) transferring capital asset u/s 2(42A) to be counted

No difference between gift and settlement for capital gains purposes. In a recent judgment, ITAT, Chennai has held that  there is no difference between a gift and settlement and for the purpose of computing capital gains, the holding period of the capital asset (Trade Mark) transferred,  the holding period …

No mandatory show cause notice requirement us 263. Only reasonable opportunity of hearing to be afforded to the assessee-Supreme Court

No mandatory show cause notice requirement us 263-SC. Only reasonable opportunity of hearing to be afforded to the assessee The Supreme Court in its latest judgment delivered in the case of legendary Indian Movie actor Amitabh Bachchan (Big-B) has upheld and restored the CIT revisionary order u/s 263 …