Yearly Archive: 2021

In E-Assessment order demand is raised without providing an opportunity by issue of show cause notice? Assessment void. In the case of RMSI PRIVATE LIMITED vs. NATIONAL E-ASSESSMENT CENTRE HIGH COURT OF DELHI W.P.(C) 6482/2021 & CM APPL. 20366/2021 on dated Jul 14, 2021 Section 143(3), 144B(9) AY 2017-18

RMSI PRIVATE LIMITED vs. NATIONAL E-ASSESSMENT CENTRE HIGH COURT OF DELHI MANMOHAN & NAVIN CHAWLA, JJ. W.P.(C) 6482/2021 & CM APPL. 20366/2021 Jul 14, 2021 Section 143(3), 144B(9) AY 2017-18 Decision in favour of: Assessee In E-Assessment order demand is…
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143(3), 144B(9), 2019, Clause 5 (1) (viii), Clause 5 (x), E-Assessment Scheme

Even if the petitioner was not present before the Tribunal when the appeal was taken up for hearing, it could not have been dismissed. Dismissal of appeals by ITAT for non-persecution is wholly illegal and unjustified. Rule 24 of the 1963 Rules does not give power to the learned Tribunal to dismiss the appeal for want of prosecution. IN THE KERALA HIGH COURT in the case of Rabindra Kumar Mohanty v. Registrar, ITAT W.P.(C) No. 2487 of 2019 on dated 18 March, 2020. Section 254 IT Act and Rule 24 of Income-tax (Appellate Tribunal) Rules, 1963

Section 254 IT Act and Rule 24 of Income-tax (Appellate Tribunal) Rules, 1963 IN THE KERALA HIGH COURT C.R. DASH & S.K. PANIGRAHI, JJ. Rabindra Kumar Mohanty v. Registrar, ITAT W.P.(C) No. 2487 of 2019 18 March, 2020 Even if…
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Income-tax (Appellate Tribunal) Rules, Rule 24

Income Tax Slabs 2021 & Tax Rates for FY 2020-21

income tax rates for FY 2021-22

Gift deed format

CONFIRMATION OF GIFT I, Shri ,,., S/o.,, Aged 48 years R/o ……..r. do here by state on oath as under: – That my PAN No. is ,… That I am Prop. of ………../service at…. That Mr…………. s/o…….Aged …. years R/o…
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Articles, Format

Receipt of Software license amounting to Rs.86,05,13,407/- cannot be charged to tax as ‘Royalties’ under the DTAA. In the same manner, the amount will escape taxation as ‘Business profits’ under Article 7 also because of it not having any PE in India. Albeit Explanation 4 to section 9(1)(vi) is applicable to the year under consideration, but section 90(2) of Act states that where the Central Government has entered into an agreement with the Government of any country outside India under sub-section (1), then, in relation to the assessee to whom such agreement applies, the provisions of this Act shall apply to the extent they are more beneficial to that assessee. ANSYS INC. vs. ACIT (INTERNATIONL TAXATION) ITAT PUNE Jun 15, 2021 Section 9(1)(vi) and Article 12 of India-US DTAA. AY 2009-10 & 2014-15.Decision in favour of: Assessee

Receipt of Software license amounting to Rs.86,05,13,407/- cannot be charged to tax as ‘Royalties’ under the DTAA. In the same manner, the amount will escape taxation as ‘Business profits’ under Article 7 also because of it not having any PE…
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9(1)(vi), Article 12 of India-US DTAA

Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs. ITO ON 16.6.2021. IN FAVOUR OF ASSESSEE. IT-CASES-246-2021.

Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs. ITO ON…
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147, 148, 151, 151(1), AY 2009-10, AY 2010-11, AY 2011-12, borrowed satisfaction, Chandigarh ITAT, Concealment of income, In Favour of Assessee, Reason recorded, Reassessment

Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller Flour Mills Pvt … vs Ito on 17 December, 2020 AY 2009-10. In favour of assessee. ITA.No.4257/Del./2019.

Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller Flour Mills…
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147, 148, 151, 151(1), AY 2009-10, Concealment of income, Disposal of objection, In Favour of Assessee, Reassessment, Speaking order

Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi vs Ito Ward-4(3), New Delhi Order in the favour of the assessee. ITA.No.8066/Del./2019.

Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi…
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147, 148, 151, 151(1), AY 2010-11, borrowed satisfaction, Concealment of income, Decisions, Delhi, Delhi Tribunal, In Favour of Assessee, ITAT Delhi, Order Quashed

What are the consequences if Notice u/s 148 is issued before approval under section 151(1)? ITAT Ahmedabad passed the order on 4 June, 2021. in the case of OMPRAKASH KANAYALAL SHAH vs. ITO Section 147,148,151(1). https://www.bpmundraca.com/it-cases-243-2021/

OMPRAKASH KANAYALAL SHAH vs. INCOME TAX OFFICER IN THE ITAT AHMEDABAD BENCH ‘SMC’ RAJPAL YADAV, VP. ITA No. 1813/Ahd/2018 Jun 4, 2021 Section 147, 148, 151(1) AY 2010-11 Decision in favour of: Assessee What are the consequences if Notice u/s…
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147, 148, 151, 151(1), Ahmedabad Tribunal, AY 2010-11, In Favour of Assessee, Order Quashed

Section 69: NO ADDITION CAN BE MADE ONLY ON THE BASIS OF INFORMATION RECEIVED When affidavit is filed and statement on oath is submitted by the assessee unless proved otherwise. ITAT- Mumbai. Shri Mohan Thakur, Mumbai vs A.C.I.T. Cent. Cir. 8(4), Mumbai on 24 May, 2021. https://www.bpmundraca.com/it-cases-242-2021/

Income Tax Appellate Tribunal – Mumbai Shri Mohan Thakur, Mumbai vs A.C.I.T. Cent. Cir. 8(4), Mumbai on 24 May, 2021 THE INCOME TAX APPELLATE TRIBUNAL “D” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Amarjit Singh (JM) I.T.A. No. 1434/Mum/2018…
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69, AY 2009-10, AY 2010-11, AY 2011-12, AY 2012-13, AY 2013-14, borrowed satisfaction, In favour of Assessee (Partly), ITAT Mumbai