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Abcaus

abcaus.in Supreme Court judgment

Allegations of delay in TDS deposit & person responsible must be tested at trial

administrator March 30, 2026 Income Tax, Supreme Court
Allegations of delay in TDS deposit, role of person responsible are disputed factual matters which must be tested at trial through evidence and cross examination. In a recent judgment, Hon’ble Supreme Court has dismissed assessee’s SLP against High Court order that allegations regarding deduction of TDS, delay in …
TDS

Generation & allotment of UIN in Form No. 121 declaration for payment without TDS

administrator March 30, 2026 Income Tax
Procedure, formats and standards for generation and allotment of Unique Identification Number (UIN) in respect of Form No. 121 declaration for payment without deduction of tax from tax year 2026-27 As per Income tax Act 2025, Section 393 provides for provisions regarding deduction of tax at source. Similar …
income tax penalty

Penalty u/s 270A deleted as AO failed to mention the relevant clause the case fall

administrator March 29, 2026 Income Tax, ITAT
Penalty u/s 270A deleted as AO failed to mention under which clause the case of the assessee fall. In a recent judgment, ITAT Delhi deleted penalty u/s 270A as the Assessing Officer (AO) directly applied the higher penalty percentage provided in Section 270A(9) without mentioning under which clause …
ex-servicemen security guards

Income by deploying ex-servicemen as security guards not business activity

administrator March 28, 2026 High Courts, Income Tax
Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala High Court has held that income by deploying ex-servicemen as security guards was not business activity for section 25 company established for assistance to the Ex-Servicemen. ABCAUS Case …
Draft assessment order demand 

Draft assessment order cannot give rise to any enforceable demand 

administrator March 27, 2026 High Courts, Income Tax
In absence of a valid final assessment order passed within statutory time frame, draft assessment order cannot give rise to any enforceable demand  In a recent judgment, Calcutta High Court has held that in the absence of a valid final assessment order passed within the statutory time frame …
disallowance 40A(3) business nature

No disallowance u/s 43B if expenditure not claimed in Profit and Loss Account

administrator March 26, 2026 Income Tax, ITAT
No disallowance u/s 43B can be made if expenditure has not been not claimed by the assessee in Profit and Loss Account In a recent judgment, ITAT Hyderabad has held that if the assessee has not claimed any expenditure in its Profit and Loss Account, then no disallowance …

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