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Q. What will happen when the revenue seized a documents, which is computer generated loose sheet and found during the search of third party who is neither assessee nor any authorized person of the assessee. The HIGH COURT OF DELHI in the case of PCIT vs. STC DEVELOPER PVT. LTD. Decided on Dec 15, 2021 on similar issue. Section 153C. Search & Seizure.
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Section 40A(3) and 40A(3A) Disallowance of expenditure exceeding Rs. 10,000/- in cash:
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Can show cause notice be called the draft assessment order. as required under sub clause (xvi) of sub Section (1) of Section 144B?
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Section 12A and 11. Can application for Registration under section 12A be denied on the ground that the Objects included charitable and religious activities? ITAT, VISHAKHAPATNAM BENCH passed the order in the case of Dhatri Foundation v. CIT on dated 24 March, 2021 in favour of the assessee. For full order kindly click the link.
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Can AO made the addition u/s. 41(l)(a) by holding cessation of liability even when there is litigation in the court? ITAT Mumbai passed the order in the case of Dcit-8(2)(2), Mumbai vs M/S Surbhit Impex Pvt. Ltd., … on 17 September, 2021
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Incriminating material of the assessee found in the search of 3rd party then the assessment or reassessment proceeding of the assessee under which section 148 or 153C of the Income Tax Act? ITAT Delhi Bench again confirmed on Sep 17, 2021. in the case of CITY LIFE PROJECTS PVT. LTD. vs. ITO
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No interference is required to be made in the issue of notice under old provisions of Section 148 of the Income Tax Act extended uptill 30th day of June, 2021. The petition of the assessee is dismissed by Chhattisgarh High Court on 23/08/2021 in the case of Palak Khatuja Vs Union Of India
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Whether a reversal of Input Tax Credit (ITC) u/s Section 17(5)(h) is contemplated in relation to loss arising from manufacturing process. MADRAS HIGH COURT passed an order on the issue on 24/06/2021 and set aside the impugned order to the above extent. For full order kindly click the below link
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Question: Q.The search in the premises of the assessees is on the basis of warrant issued in the name of B. The AO without applying his mind consciously and mandatorily had not stated in the satisfaction note that the seized documents belong to “other person” i.e; the assessee. The question is that without recording such a satisfaction can AO initiate proceedings against the “other persons i.e; the assessee” u/s 153C of the Act. ITAT Banglore Bench passed the order on Jul 30, 2021 in the case of ARSHAD ISPAT & ANR. vs. DCIT. Section 139, 147, 148, 149, 151, 153C
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Is confirming of dis-allowance for Delayed deposit of employees contribution to PF and ESI u/s 36(1)(va) read with Section 2(24)(x) of the IT Act, 1961 despite the assessee contributing/depositing the same before the due date of filing of return of income u/s 139(1) of the Act is justified after amendmends in Explanation 5 of the section 43B. The ITAT- Kolkata in the case of Harendra Nath Biswas, Kolkata vs Dcit, Cir. 29, Kolkata on 16 July, 2021 ITA No.186/Kol/2021 decided the issue in favour of the assessee.