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CBDT extends due dates for filing of Income Tax Returns(11.01.2022)
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22 under the Income-tax Act, 1961 (I.....
Tags : Extension, Timelines, Income-tax returns
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Notifications & Circulars
Draft Notification proposing Amendment of Rules 2C, 2CA and 11AA and for Nos. 10G, 56 and 56G of the Income-Tax Rules, 1962 placed in public domain for inputs from stakeholders and general public(29.10.2018)
Currently, for grant of approval under sub-clauses (iv) and (v) of clause (23C) of Section 10 of the Income-tax Act, 1961 (the Act), for exemption of .....
Tags : Draft Notification, Amendment, Income-Tax Rules
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CBDT issues Draft Notification for Amendment of Form No 10B of the Income-tax Rules, 1962(21.05.2019)
Section 12A of the Income-tax Act, 1961 (the Act) provides for conditions for applicability of Sections 11 and 12 of the Act. One such condition under.....
Tags : Notification, Amendment, Form No 10B, Income-tax Rules
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Government invites comments of Stakeholders and General Public on Proposed Amendments to Income-Tax Rules, 1962 by 4th September, 2018(20.08.2018)
Income-tax Rules, 1962 (I.T. Rules) prescribe Form No. 13 for filing an application for seeking a certificate under Section 197 and/or under Section 2.....
Tags : Comments, Income-Tax Rules, Amendment
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Income-tax (Twelfth Amendment) Rules, 2022(05.05.2022)
In exercise of the powers conferred by the section 245Q read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Ta.....
Tags : Income-tax, Twelfth Amendment, Rules, 2022
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Income - Tax (Seventh Amendment) Rules, 2017(05.04.2017)
In exercise of the powers conferred by section 139A and section 285BA, read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Boa.....
Tags : Rules, Amendment, Income-tax
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Appointment date for the purpose of some provisos and sub-sections of Income-Tax Act, 1961(01.09.2021)
In exercise of the powers conferred by the second proviso to sub-section (1) of section 245-O, sub-section (2) of section 245P, sub-section (4) of sec.....
Tags : Appointment date, Release, Income-Tax
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Income-Tax (29th Amendment) Rules, 2021(13.09.2021)
In exercise of the powers conferred by second proviso to clause (i) sub-section (1) of section 142 read with section 295 of the Income-tax Act, 1961 (.....
Tags : Income-tax, Prescribed
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Guidelines under clause (10D) section 10 of the Income-Tax Act, 1961(19.01.2022)
1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on the sum received under a life insurance polic.....
Tags : Guidelines, Clause, Income-Tax Act
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News
ITAT: Refund of Sewage Tax Constitute ‘Business Income’(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the refund of sewage tax would be assessed as business income as the same was earlier.....
Tags : ITAT, Sewage Tax, Income-Tax Act, 1961
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ITAT: Product Development Expenditure is ‘Revenue’ in Nature(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that the expenditure incurred on testing and validation of the products is revenue in nature.....
Tags : ITAT, Income-Tax Act, 1961, Product Development Expenditure, Revenue
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ITAT: Investments Converted into Stock-in-Trade Can Avail Exemption U/S 10(38)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune has held that investment converted into stock in trade can avail exemption u/s 10(38) of Income Tax Act 196.....
Tags : ITAT, Income-Tax Act, 1961, Stock Trade, Investment
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Meghalaya HC: Order Can’t be Passed U/s 148A(d) Without Taking Into account the Assessee’s Reply(23.05.2022)
Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply f.....
Tags : Meghalaya High Court, Assessee, Income-Tax Act, 1961
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Meghalaya HC Quashes Re-Assessment on Ground of Non-consideration of Objection Filed by Assessee(24.05.2022)
Meghalaya High Court has quashed a re-assessment under Section 148(d) of the Income Tax Act, 1961 on the ground that the same was passed without consi.....
Tags : Meghalaya High Court, Re-Assessment, Income-Tax Act, 1961
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ITAT Directs Fresh Adjudication as Assessee Failed to File Reply to Income Tax Notice Due to COVID(25.05.2022)
Income Tax Appellate Tribunal, Bangalore held that assessee could not respond to the notices in view of the pandemic situation, which has to be accept.....
Tags : ITAT, Income-Tax, Covid-19
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ITAT: Notice Issued U/S 271 IT Act Must Record the Specific Ground on Which it Initiated(01.06.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that unambiguous statement in notice can strike off penalty imposed u/s 271 of the Incom.....
Tags : ITAT. Income-Tax Act, Notice
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ITAT: Disallowance Can’t be Made on Payment to PF and ESI Before Due Date(01.06.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that disallowance can’t be made on payment to PF and ESI before the due date u/s 139(1) .....
Tags : ITAT. Income-Tax Act, Disallowance
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Delhi HC Quashes Charges U/S 132 IT Act for Lack of any Material on Record(01.06.2022)
Delhi High Court has quashed Criminal Charges u/s 132 of Income Tax Act without any material on record for prima facie satisfaction.
Tags : Delhi High Court, Income-Tax, Prima Facie
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ITAT: SIDC Eligible for Section 80IA Deduction for Interest on Land Premium on Industrial Parks(02.06.2022)
Income Tax Appellate Tribunal, Dehradun bench has held that State Infrastructure & Industrial Development Corporation of Uttarakhand Ltd. (SIDC) is el.....
Tags : ITAT, Income-Tax, SIDC, Deduction
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ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....
Tags : ITAT, Assessing Officer, Income-Tax Act
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ITAT: Section 147 of IT Act is not an Alternative to Section 263 of IT Act(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench while quashing Assessment Order under Section 147 of Income-Tax Act, 1961 without Jurisdiction has h.....
Tags : ITAT, Income-Tax Act, 1961, Alternative
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ITAT: Payment Made by Mobile Service Provider for Roaming Can’t be Considered as Technical Service(06.06.2022)
Income Tax Appellate Tribunal (ITAT), New Delhi, has held that payment made by a one mobile service provider to another for roaming cannot be consider.....
Tags : ITAT, Income-Tax Act, 1961. Roaming, Technical Service
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ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....
Tags : ITAT, Income-Tax Act, Show Cause Notice
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ITAT: Drawings Made for Non-Business Purposes are Not Allowable as Income Tax Deduction(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that drawings made for non-business purposes are not allowable as a deduction under.....
Tags : ITAT, Deductions, Income-Tax
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ITAT: Income Tax Notice sent to Dead Person is Invalid(15.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi Bench has quashed the re-assessment order passed by assessment officer on the ground that Income Tax Notic.....
Tags : ITAT, Income-Tax Notice, Dead person
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ITAT: Income Tax Liability Won’t Arise for Unsecured Loan Transactions Done by Group Entities(16.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that income tax liability won’t arise for unsecured loan transactions done by group entiti.....
Tags : ITAT, Income-Tax Liability, Unsecured Loan
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Rajasthan HC: Citizenship Can’t be Determined Based on Definition of ‘Resident’ Under IT Act(16.06.2022)
Rajasthan High Court has held that the definition of the term ‘resident’ under the Income Tax (IT) Act, 1961 is designed for including persons in the .....
Tags : Rajasthan High Court, Citizenship, Income-Tax Act
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ITAT: Short Term Capital cannot be carried forward as it has not been claimed through a Return filed(21.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that short term capital cannot be carried forward as it has not been claimed through a ret.....
Tags : ITAT, Short Term Capital, Income-Tax Act
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CBDT Opens Income Tax Portal for Income Tax Return Filing for The Year 2022-23(23.06.2022)
Central Board of Direct Taxes (CBDT) has enabled the function of filing of the income tax return for the year 2022-23.
Tags : CBDT, Income-Tax Return, 2022-23
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Mumbai ITAT Rules, Property Co-Ownership doesn’t Mean Joint I-T Liability(16.08.2016)
Mumbai Income-Tax Appellate Tribunal (ITAT) has ruled that if a spouse has not invested in a property and is merely a co-holder, then on sale of such .....
Tags : Mumbai Income-Tax Appellate Tribunal, Joint I-T Liability
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ITAT: Assessee Engaged in Generation and Selling of Power can Claim Deduction u/s 801 of ITA(26.05.2022)
The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that assessee engaged in generation and selling of power can claim deduction u/s 801 of.....
Tags : ITAT, Income-Tax, Assessee
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Madras HC: Assessee Can be Prosecuted if Concealment of Income is Deliberate(27.06.2022)
Madras High Court has held that an assessee can be prosecuted for willfully and deliberately concealing his income by not filing his income tax return.....
Tags : Madras High Court, Income-Tax Return, Deliberate
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CBDT Notifies Special Courts for Trial of Offences Under Income Tax Act 1961(29.06.2022)
Central Board of Direct Taxes (CBDT) has notified Special Courts for Trial of Offences under the Income Tax Act, 1961 in Dehradun.
Tags : Central Board of Direct Taxes, Special Court, Income-Tax Act
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ITAT: Multiple Flats on Different Floors Cannot be Treated as Single Residential House(29.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack Bench has held that the multiple flats in different floors of the same building cannot be treated as a s.....
Tags : ITAT, Capital Gain Exemption, Income-Tax Act
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ITAT: 3rd Party Statement alone not Incriminating Material for justifying Addition in Assessment(30.06.2022)
Income Tax Appellate Tribunal (ITAT), Jaipur bench has held that third party statement alone, not incriminating material for justifying addition made .....
Tags : ITAT, Incriminating Material, Income-Tax Act
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Bombay HC: Loss On Trading in Derivatives of Securities Not A Speculative Loss(19.05.2022)
Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the de.....
Tags : Income-Tax Act, Bombay High Court, ITAT, Finance Act
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Non-Compliance of S. 148A Notice: Rajasthan HC asks Income Tax Dept to Follow SC Judgment(19.05.2022)
Rajasthan High Court has directed the income tax department to proceed with the notices quashed earlier under Section 148A of Income-Tax Act, 1961, in.....
Tags : Supreme Court, Rajasthan High Court, Section 148A Income-Tax Act 1961, Finance Act
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Delhi High Court Quashes Reassessment Proceedings As Initiated Without Jurisdiction(20.05.2022)
Delhi High Court while quashing the re-assessment proceedings initiated by Income Tax Officer, Jaipur (ITO) has held that since the petitioner jurisdi.....
Tags : Delhi High Court, Income-Tax, Reassessment Proceedings, Assessing Officer
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ITAT: Centralized Processing Centre has No Jurisdiction of Adjustment U/S 143(1)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the Centralized Processing Centre has no jurisdiction to exercise the power under sec.....
Tags : ITAT, Centralized Processing Centre, Income-Tax Act, Assessee
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P&H HC: 7 Days Period to File Reply of Notice Served Through E-Filing Portal is ‘Unreasonably Short’(23.05.2022)
Punjab & Haryana High Court has held that the period of 7 days, granted to file the reply of the Notice issued under Section 148A of the Income Tax Ac.....
Tags : Punjab and Haryana High Court, Section 148-A, Income-Tax Act, Natural Justice
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ITAT: Income Tax on Both Owner and GPA Holder on Same Income Amounts to Double Taxation(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam has held that levy of Income-tax on both landowner and GPA holder for the same income amounts to d.....
Tags : ITAT, Income-Tax Act, Double Taxation
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ITAT: Belated Payment to PF/ESI Before Due Date for Filing Return is Deductable U/S 43B of IT Act(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Allahabad has held that the belated payment of employee contribution to Provident Fund (PF)/Employees State Insu.....
Tags : ITAT, Income-Tax Act, PF/ESI
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ITAT Disallows IT Deduction U/S 80IA as Income From Eligible Unit Not Shown in Gross Total Income(08.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack bench has disallowed deduction under Section 80IA of Income-Tax Act, 1961 since income from eligible uni.....
Tags : ITAT, Income-Tax Act, Deduction
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ITAT: TDS Not Applicable to Commission to Credit Card Company Under Section 194H of IT Act(09.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench has held that TDS under Section 194H of the Income-Tax (IT) Act, 1961 is not applicable to the amoun.....
Tags : ITAT, Income-Tax Act, Credit Card
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ITAT: Provision Mandating Furnishing of PAN With E-TDS has Overriding Effect(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect .....
Tags : ITAT, Income-Tax Act, PAN
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ITAT: No Late Fee U/S 234E of IT Act Can be Levied for Default Committed After 2015 Amendment(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that late fees u/s 234E can’t be levied for the default committed after the insertion of Sec.....
Tags : ITAT, Income-Tax Act, Finance Act
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ITAT: Proprietary Concern Not Required to Obtain Separate PAN(07.07.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that proprietary concern is not required to obtain a separate Permanent Account Number .....
Tags : ITAT, Permanent Account Number, Income-Tax Act
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SC: Twin Conditions in Section 10B(8) of IT Act Has to be Fulfilled to Claim Exemption Relief(13.07.2022)
Supreme Court has held that for claiming the benefit under Section 10B (8) of the Income Tax (IT) Act, the twin conditions of furnishing a declaration.....
Tags : Supreme Court, Exemption Relief, Income-Tax
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SC rules in Favour of Revenue Department in Reassessment Dispute Case(05.05.2022)
Supreme Court by reversing the high court orders that had quashed income-tax notices under the old reassessment regime has held that notices issued un.....
Tags : Supreme Court, Finance Act, 2021, reassessment, old regime, income-tax notices
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CBDT Issues Guidelines on 1% TDS on Virtual Digital Assets from 1st July(23.06.2022)
Central Board of Direct Taxes (CBDT) has issued guidelines to levy one percent TDS on the virtual digital assets under Section 194S of the Income Tax .....
Tags : CBDT, Virtual Digital Assets, Income-Tax Act
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Delhi HC: Explanation to Section 14A of Income Tax Act Will Not Apply Retrospectively(25.07.2022)
Delhi High Court has held that the Explanation to Section 14A of the Income Tax Act, 1961, added vide the Finance Act, 2022, cannot be presumed to be .....
Tags : Delhi High Court, Income-Tax Act, Retrospective
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Delhi HC: Amendment to Section 36(1)(va) of Income Tax Act is Prospective in Nature(10.08.2022)
Delhi High Court has held that amendment to Section 36(1)(va) of Income-Tax Act, 1961, vide the Finance Act, 2021, is 'for removal of doubts' and henc.....
Tags : Delhi High Court, Income-Tax Act, Prospective
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ITAT: Domestic Transaction from a Related Party is Not a Specified Domestic Transaction(10.08.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a domestic transaction from a related party is not a specified domestic transaction u.....
Tags : ITAT, Income-Tax, domestic Transaction
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ITAT: Father Can’t be Taxed for Cash Deposit in Bank Account Opened in The Name of Major Son(25.07.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench while deleting an addition for cash deposit, has held that the clubbing of income under the provision.....
Tags : ITAT, Minor Children, Income-Tax, Bank Account
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Kerala HC: IT Act Doesn’t Impose Any Limitation for Filing Application for Condonation of Delay(21.11.2022)
Kerala High Court has held that Section 119(2)(b) of the Income Tax (IT) Act does not impose any limitation for the purposes of filing an application .....
Tags : Kerala High Court, Income-Tax, Limitation
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Delhi HC: No Income Tax on Interest Income from FD Till Ownership Determined by Arbitral Tribunal(13.10.2022)
Delhi High Court has held that income tax cannot be levied on the interest income from fixed deposits (FD) till the ownership is determined by the arb.....
Tags : Delhi High Court, Income-Tax, Fixed Deposits
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CBDT Notifies Amendment to Rule 10V for Computation of Remuneration Payable to Fund Managers(11.03.2021)
Central Board of Direct Taxes (CBDT) has notified Amendment to Rule 10V for Computation of Remuneration payable to Fund Managers. The Board notified t.....
Tags : Central Board of Direct Taxes, Income-tax (2nd Amendment) Rules, 2021
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SC: WP Can be Allowed to Examine if Conditions to Issue Notice U/S 148 IT Act Are Satisfied(09.01.2023)
Supreme Court has held that writ petitions can been entertained to examine whether the conditions for the issuance of notice under Section 148 of the .....
Tags : Supreme Court, Writ Petitions, Income-Tax, Notice
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Bombay HC: Reassessment Notice after 4 Years should have the Sanction Of PCIT(23.01.2023)
Bombay High Court has ruled that issuing a reassessment notice after four years is subject to the approval of the Principal Chief Commissioner of Inco.....
Tags : Bombay High Court, reassessment notice, Principal Chief Commissioner of Income-tax
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ITAT: IBC Has Overriding Effect on All Acts Including Income Tax Act(20.02.2023)
Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including t.....
Tags : Income Tax Appellate Tribunal, Income-Tax, Insolvency
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All HC: Reassessment Proceedings for AY 2013-14, 2014-15 Initiated After 1 April 2021 Must be Closed(27.02.2023)
Allahabad High Court while observing that Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 has held that time limit .....
Tags : Allahabad High Court, Reassessment Proceedings, Income-Tax
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CBDT: IBBI Eligible for IT Exemption on Grant in Aid, Fine, Fee, Interest Income(03.03.2023)
Central Board of Direct Taxes (CBDT) has notified that the Insolvency and Bankruptcy Board of India (IBBI) shall be eligible for the income tax exempt.....
Tags : CBDT, IBBI, Income-Tax Exemption
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SC: CIT can Revise Erroneous Order by Assessing Officer Causing Prejudice to Revenue(10.04.2023)
Supreme Court has held that Commissioner of Income Tax (CIT) can while exercising his power of revision under Section 263 of Income-Tax Act, 1961, rev.....
Tags : Supreme Court, Income-Tax, CIT, Assessing Officer
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Pune ITAT: Higher Education Abroad Is No Bar for Claiming Interest on Edu Loans for Tax Deduction(02.12.2015)
Pune Income-tax Appellate Tribunal (ITAT) has held that deduction for interest paid on educational loans taken for higher studies will be allowed from.....
Tags : Pune Income-tax Appellate Tribunal , Edu Loans for Tax Deduction
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Delhi HC Stays Fresh Tax Demand on Vodafone(04.01.2016)
Delhi High Court has directed Income-Tax (I-T) department not to give effect to any fresh assessment against Vodafone for assessment year 2011-12 till.....
Tags : Delhi High Court, Income-Tax (I-T) department , Vodafone
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CBDT Amends Rule 12 of Income Tax Rules Dealing with Return of Income(29.07.2021)
Central Board of Direct Taxes (CBDT) has notified Income-tax (20th Amendment) Rules, 2021 which seeks to amend Income-tax Rules, 1962. The Board has a.....
Tags : Central Board of Direct Taxes, Income-tax (20th Amendment) Rules, 2021
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Del HC: MSMED Act Not Applicable to CA Firms Appointed as Special Auditors(10.07.2023)
Delhi High Court has held that MSMED Act, 2006 is not applicable to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax A.....
Tags : Delhi High Court, MSMED Act, Special Auditor, Income-Tax
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I-T Department Notifies Rules Relaxing Norms on Foreign Fund Managers(17.03.2016)
Income-Tax Department has notified rules relaxing certain earlier conditions governing foreign fund managers in a bid to encourage them to move to Ind.....
Tags : Income-Tax Department , foreign fund managers
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All. HC: IT Act 1961 Vests Jurisdiction with Central Government to Appoint CIT (Appeal)(24.07.2023)
Allahabad High Court has held that Income Tax (IT) Act, 1961 vests jurisdiction on Central government to appoint an officer as Commissioner of Income-.....
Tags : Allahabad High Court, Commissioner of Income-tax (Appeals), Appeals
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Bom. HC: Writing Off Bad Debt Can’t be Considered as Asset u/s 153A(1) of IT Act(07.09.2023)
Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of “income, represented in the form of an asset” under Section .....
Tags : Bombay High Court, Bad Debt, Asset, Income-Tax Act
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ITAT Mumbai: No Tax Notice to Legal Heir of Deceased(17.11.2023)
Income-tax Appellate Tribunal, Mumbai has held an assessment order passed in the name of a deceased taxpayer to be 'non-est’ and quashed the addition .....
Tags : Income-tax Appellate Tribunal, Mumbai, deceased taxpayer
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I-T Department Notifies Rules for Foreign Tax Credit(01.07.2016)
Income-Tax Department has notified rules for Foreign Tax Credit, providing clarity on tax credit available to Indian resident taxpayers on foreign inc.....
Tags : Income-Tax Department, Foreign Tax Credit
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Income-Tax Tribunal: Gains from Penny Stocks Not Bogus(22.06.2016)
Income-Tax Tribunal has ruled that gains from penny stocks cannot be termed as bogus just because the Securities and Exchange Board of India is inquir.....
Tags : Income-Tax Tribunal , Securities and Exchange Board of India , Penny Stocks
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Bom. HC: Assessee Cannot be Permitted to Raise Defect in Notice After 30 Years(15.01.2024)
Bombay HC has held that even assuming that there was a defect in the notice, the assessee cannot be permitted to raise the same after 30 years as it h.....
Tags : Bombay High Court, Income-tax Act, Defect
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Raj HC: No Penalty on Assessee u/s 270A IT Act, Once Deduction Claim for Education Cess is Withdrawn(05.01.2024)
Rajasthan High Court has held that no penalty shall be imposed on the Assessee under Section 270A of Income-Tax Act, 1961, once the deduction claim fo.....
Tags : Rajasthan High Court, Education Cess, Deduction Claim, Income-Tax Act
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Del. HC Directs Dept. to Remove Demands From ITBA Portal as it Fails to Comply with ITAT's Order(19.04.2024)
Delhi HC has directed the Income-tax Department to remove the demands & penalty imposed upon the Assessee from ITBA portal, refund the amount lying wi.....
Tags : Delhi High Court, Income-tax Department, ITBA Portal
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