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Rule 46A. The assessee submitted that additional evidence before the CIT(A), but the CIT(A) has not admitted the same. The CIT(A) should have looked into the additional evidences while arriving at the proper conclusion which the CIT(A) failed to do so. In the present case, the assessment order was passed under Section 144 of the Act which shows that the Assessing Officer has not seen any evidences while making additions. Thus, we are admitting the additional evidence filed before the CIT(A). ITAT DELHI on May 15, 2020 AY 2010-11. Rakesh Aggarwal vs. ITO
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If the Notice u/s 143(2) issued by Income tax Officer was having no Jurisdiction at the time of issue of the notice then this is not a valid notice as it suffers from an inherent lacuna affecting his / its jurisdiction. It is not a curable defect u/s 292BB. The consequent order passed u/s 143(3) dated 29.12.2017 was legally unsustainable and therefore is null in the eyes of law and therefore quashed. ITO vs Mr.P N Krishnamurthy ITAT Bangalore on 27 April, 2020.
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Article on NOTICE U/S 143(2)- Circumstances when notice U/s 143(2) hold as non service- resulting that assessment framed is invalid and accordingly quashed.
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TDS Rate is changed from 14.5.2020. So click for getting new rate.
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Decision SUPREME COURT OF INDIA on MAY 13, 2020 on the issue when original evidence is not available. JAGMAIL SINGH & ANR. V KARAMJIT SINGH & ORS.
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Economic Package on 13.5.2020 by Finance Minister Nirmala Sitharaman
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Section 54 BANGALORE ITAT Decision on 8.5.2020: The deduction u/s 54 of the Act should not be denied merely because the name of assessee’s husband is mentioned in the purchase document, when the entire purchase consideration has flown from the assessee. Smt. Subbalakshmi Kurada Vs ACIT AY 2016-17
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Section 69A, 69B, 148, 254 CHANDULAL AMRUTLAL SHAH (HUF) & ORS. vs. ITO May 4, 2020 ITAT SURAT AY 2000-01 & 2004-05. Supreme Court in the case of MCorp Global (P) Ltd. v. CIT [2009] 309 ITR 434 (SC) held that It is well-settled that the Tribunal is not authorized to take back the benefit granted to the assessee by the Assessing Officer. It has no power to enhance the assessment. In view of the statutory provisions. AO cannot enhanced the income originally assessed under section 143 (3) in set-aside proceeding in consequence of direction of the tribunal.
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Section 147, 148 ANAND DEVELOPERS vs. ACIT HIGH COURT OF BOMBAY GOA BENCH 1 Feb, 2020 Notice u/s 147 and order u/s 148 is quashed and set aside when a notice seeking to reopen assessment is beyond normal period of 4 years, in a case where the assessment has been made under Section 143(3) and the revenue failed to establish the precondition even prima facie that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment for that assessment year.
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Section 68- AY 2011-12- ITAT SURAT- May 4, 2020 When the assessee furnishes names and addresses of the alleged creditors and the GIR Numbers, the burden shifts to the Department to establish the revenue’s case and in order to sustain the addition the revenue has to pursue the enquiry and to establish the lack of creditworthiness and mere non-compliance of summons issued by the Assessing Officer under section 131 by the alleged creditors will not be sufficient to draw an adverse inference against the assessee. DCIT vs. KEJRIWAL INDUSTRIES LTD.