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Question Whether van rent received and paid by the educational institute appearing in both side of income of expenditure account will be counted for calculating turnover of the assessee to allow the benefit U/s 10(23C) of the Act. ITAT AMRITSAR BENCH, AMRITSAR passed the order on 10.8.2022 in thc case of Baba Farid Public Welfare Society vs. ITO (Exemptions), Ward, Amritsar

Question Whether van rent received and paid by the educational institute appearing in both side of income of expenditure account will be counted for calculating turnover of the assessee to allow the benefit U/s 10(23C) of the Act. ITAT AMRITSAR BENCH, AMRITSAR passed…
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10(23C)(iiiab), AY 2015-16, In Favour of Assessee, ITAT Amritsar ‎

December 13, 2022

Bail can be granted in PMLA cases on the ground of serious medical condition. there is no longer rigor of said two conditions under the Original Section 45(1)(ii) of the PML Act for releasing the petitioner on bail.On filing SLP by the department, SUPREME COURT OF INDIA on dated date 20.10.2022 Imposed cost of Rs. 1 lac holding as it is unnecessary SLP. Section 45(1)(ii)

Bail can be granted in PMLA cases on the ground of serious medical condition. On filing SLP by the department, SUPREME COURT OF INDIA on dated date 20.10.2022 Imposed cost of Rs. 1 lac holding as it is unnecessary SLP. Section…
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2002, Cr.P.C., Section 439, Section 45, Section 45(1)(ii)

October 29, 2022

Whether claim not made in ITR, can be made before the appellate authorities? ITAT, RAIPUR BENCH, RAIPUR passed the order on 02.02.2022.

Whether claim not made in ITR, can be made before the appellate authorities? ITAT, RAIPUR BENCH, RAIPUR passed the order on 02.02.2022. To get the full order kindly click the link Key Tag: can Claim be made before the appellate authorities even though not made in ITR, Section 254, Section 147, Section 148, Section…
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139(1), 147, 148, 251(1)(a), 254, AY 2007-08, ITAT Raipur

October 28, 2022

Please deposit employees’ contribution deducted on or before the due date otherwise the right to claim such sums as allowable deduction while computing the income was lost forever. Income Tax Act, 1961. Sections 36(1)(va), 43B – Very important Hon’ble Supreme Court decision on October 12, 2022

To view / download the order in PDF kindly click the link below 43B JUDGEMENT 20221012 HEAD NOTE Please deposit employees’ contribution deducted on or before the due date otherwise the right to claim such sums as allowable deduction while computing the income was lost forever….
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36(1)(va), 43B, In favour of Revenue, Supreme Court

October 14, 2022

Question: Whether assessment order would be void ab initio when the ld. Assessing Officer failed to issue a notice under section 143(2) of the Income Tax Act. Further whether procsseding u/s 263 action can be taken: ITAT KOLKATA decided the issue on 27.8.2022

Question: Whether assessment order would be void ab initio when the ld. Assessing Officer failed to issue a notice under section 143(2) of the Income Tax Act. Further whether procsseding u/s 263 action can be taken: ITAT KOLKATA decided the issue on…
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143(2), 148, 263-Revision of orders prejudicial to revenue, Kolkata tribunal

October 13, 2022

Question : Can the statutory benefit under section 54 of the Income Tax Act, be denied to the assessee merely for the reason that the name of the wife was included in the property newly purchased? HIGH COURT OF DELHI passed the order on 22nd September, 2022

Question : Can the statutory benefit under section 54 of the Income Tax Act, be denied to the assessee merely for the reason that the name of the wife was included in the property newly purchased? HIGH COURT OF DELHI…
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54, AY 2015-16, Cases Income tax, Delhi High Court

October 10, 2022

Question: Whether penalty u/s 270A can be saved for deduction claimed as business deductible expenditure for payment of Cess on income tax and surcharge in any previous year?

Question: Whether penalty u/s 270A can be saved for deduction claimed as business deductible expenditure for payment of Cess on income tax and surcharge in any previous year? Key words: Penalty u/s 270A, 270A, Penalty, penalty u/s 270A can be saved,…
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155 155(18), 270A, 40

September 30, 2022

Series: Notice u/s 148 recd. What to do Check list: point first : Pls see the date and time of digitally signing of the Ld. AO and digitally granting of approval by the Prescribed Authority. HIGH COURT OF ALLAHABAD decided on SEPTEMBER 8, 2022

Series: Notice u/s 148 recd. What to do Check list: point first : Pls see the date and time of digitally signing of the Ld. AO and digitally granting of approval by the Prescribed Authority. HIGH COURT OF ALLAHABAD decided…
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147, 148, 148 Series, 151, Allahbad high court, In Favour of Assessee

September 26, 2022

Question: Can AO reassessment order frame without considering the objection to the reopening of the assessment under section 147 of the IT Act? HIGH COURT OF ORISSA passed the order on this issue.

Question: Can AO reassessment order frame without considering the objection to the reopening of the assessment under section 147 of the IT Act? HIGH COURT OF ORISSA passed the order on this issue. Kindly click the link Without considering the…
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147, 148, AY 2008-09, In Favour of Assessee, madras High Court

September 19, 2022

Whether remuneration to partner should be first allowed or brought forward business losses should be first set off? Ahmedabad tribunal decided the issue is very useful.

“We have given a thoughtful consideration to the orders of the authorities below qua the issue. The book profit has been defined in Explanation 3 below section 40(b) of the Act and the same reads asunder:- “Explanation-3 – For the…
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32(2), 72, 75, Ahmedabad Tribunal, AY 2005-06, In Favour of Assessee, Section 32

September 14, 2022