Search Results for Tag : assesse

Notifications & Circulars

Migration of existing Central Excise/Service Tax assessees to GST(09.01.2017)

Central Board of Excise & Customs (CBEC) has initiated the process of migration of its existing CENTRAL EXCISE/SERVICE TAX assessees to GST with effec.....

Tags : Implementation, GST, Assessee, Migration

Amendment in notification No. 21/2019-Central Tax, dated the 23rd April, 2019(24.10.2019)

In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recomm.....

Tags : Amendment, Notification, Self-assessed tax, Details

News

Delhi HC: Assessing Officer is Bound to Look at Litigation History of Assessee(05.06.2017)

Delhi High Court has held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.

Tags : Delhi High Court, Assessee

Madras HC: No Willful Avoidance of Tax under Section 276C (2) of Income Tax Act(29.03.2022)

Madras High Court has declared that an assessee who simply fails to pay tax on time under Section 276C (2) of the Income Tax Act, 1961 cannot be prose.....

Tags : Madras High Court, Assessee, Tax evasion

ITAT, Delhi: Performance Guarantee Commission is Not Business Income Under DTAA(29.03.2022)

Income Tax Appellate Tribunal, Delhi has observed that performance guarantee commission by an assessee from its foreign Associated Enterprise is not i.....

Tags : Income Tax Appellate Tribunal, Double Taxation Avoidance Agreement, Assessee, Income Tax

Jharkhand HC: Interest Liability Can't Be Raised Under GST Without Initiating Adjudication Process(30.03.2022)

Jharkhand High Court has observed that if an assessee disputes the liability of interest, either its calculation or the leviability, then the only alt.....

Tags : Jharkhand High Court, Assessing Officer, GST, Assessee, liability of interest

Supreme Court: Immunity Under IDS is not available to Another Assessee Other Than Declarant(30.03.2022)

Supreme Court has observed that under the Income Declaration Scheme, the immunity Section 192 of the Income Tax Act, 1961 was available only to the de.....

Tags : Supreme Court, Income Declaration Scheme, Assessee

ITAT, Mumbai: Order of Assessment without Reasons, Not Erroneous or Prejudicial to Interest of Revenu(04.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that action of the Assessing Officer to accept the explanation submitted by the Assessee during scr.....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Assessee

ITAT, Delhi: Income Tax Penalty Cannot be Imposed Unless Assessee Obliged In Law(05.04.2022)

Income Tax Appellate Tribunal, Delhi observed that the penalty of income tax under section 271(1)(c) of the Income Tax Act, 1961 cannot be obligatory .....

Tags : Income Tax Appellate Tribunal, Delhi, income tax, section 271(1)(c) of the Income Tax Act, 1961, assessee

ITAT, Mumbai: Non-Disclosure of Foreign Asset in ITR Not Valid Reason for Imposition of Penalty(08.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has observed that non disclosing of a foreign asset in the income tax return, by itself, is not a valid r.....

Tags : Income Tax Appellate Tribunal, foreign asset, income tax return, Black Money Act, assessee

ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain

ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain

ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....

Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India

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

ITAT: Salary Paid Outside the Books of Account Cannot be Considered as Concealed Profit(24.05.2022)

Income Tax Appellate Tribunal (ITAT), Chandigarh has held that salary paid outside the books of account cannot be recognised as concealed profit and n.....

Tags : ITAT, Concealed Profit, Assessee

CESTAT: Refund of Excess Duty Paid Can’t be Denied for Non-Option of Provisional Assessment(25.05.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that the refund of excise duty paid in excess cannot be rejected solel.....

Tags : CESTAT, Refund, Excise, Assessee

Delhi HC: Right to File Objection to SCN Can’t be Denied for One Day Delay in Asking for Adjournment(25.05.2022)

Delhi High Court has held that the right to file an objection to the show cause notice cannot be denied to the assessee merely because there was a del.....

Tags : Delhi High Court, Non-resident Assessee, Adjournment

ITAT: Onus to Prove Authenticity of Loan Transactions is on Assessee(25.05.2022)

Income Tax Appellate Tribunal (ITAT), Raipur bench has held that if AO doubts the authenticity of loan transactions, then, the onus is upon the assess.....

Tags : ITAT, Loan Transaction, Assessee, Onus

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

ITAT: Onus To Prove Identity, Creditworthiness Etc of Transaction Lies on Assessee(30.05.2022)

Income Tax Appellate Tribunal, Pune has observed that the onus to prove identity, creditworthiness, and genuineness of a transaction lies with the ass.....

Tags : Income Tax Appellate Tribunal, assessee

ITAT: Cash Seized During Search Cannot be Adjusted Against Self Assessed Tax Liability(19.07.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that the cash seized during search cannot be adjusted against the self-assessed existin.....

Tags : ITAT, Cash Seized, Self Assessed Tax

All. HC: Stricter Approach to be Followed to Examine if Assessee is eligible for Exemption/Deduction(27.11.2023)

Allahabad High Court has held that general rule of law in taxing statutes is that in case of any doubt, the benefit should be given to assessee. Howev.....

Tags : Allahabad High Court, Assessee, Exemption, Deduction

Madras HC: GST Dept. To Consider Reply to SCN Sent by Assessee through post and Not Portal(17.10.2022)

Madras High Court has ruled that the Goods and Services Tax (GST) Department should consider a reply to a show cause notice even if it is sent by the .....

Tags : Madras High Court, Goods and Services Tax, assessee

ITAT: Payment Made By Assessee To Non-Resident Supplier Amount To "Royalty"; Liable To Deduct TDS(19.10.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that the payment made by the assessee to the non-resident supplier would amount to royalty and t.....

Tags : Income Tax Appellate Tribunal, assessee, deduct tax at source

ITAT, Bangalore: Income of Assessee to be Estimated at 8% of Gross Turnover(10.03.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that the income of the assessee be estimated at 8% of the gross turnover if books of account.....

Tags : Income Tax Appellate Tribunal, Income of Assessee

Assessee can’t Challenge Jurisdiction of AO if Not Objected Initiation of Re-Assessment: Madras HC(19.04.2019)

Madras High Court has ruled that an assessee cannot challenge jurisdiction of an assessing officer if objection against re-assessment is not initiated.....

Tags : Madras High court, Assessee, Initiation of Re-Assessment

Delhi HC: Assessee with Pending Tax Dispute May Avail Vivad Se Vishwas Act, 2020(17.03.2021)

Delhi High Court has held that benefits under the Direct Tax Vivad Se Vishwas Act, 2020 may be availed by an assessee whose tax dispute is 'pending' b.....

Tags : Delhi High Court, Assessee with Pending Tax Dispute

ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....

Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal

ITAT: 2% TDS Deductible On Common Area Maintenance Charges(25.01.2023)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 2% Tax Deducted at Source (TDS) is deductible on common area maintenance charges. The court.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, maintenance, assessee

Chhattisgarh HC: Place of Removal is Delivery Point and Not ‘Factory Gate’ of Assessee(24.07.2017)

Chhattisgarh High Court has held that place of removal is delivery point and not the ‘factory gate’ of assessee when freight charges are arranged and .....

Tags : Chhattisgarh HC, assessee

Mad. HC: Can’t Absolve Assessee of Responsibility as Registered Person to Monitor GST Portal(19.04.2024)

Madras High Court has held that an assessee cannot be absolved of the responsibility as a registered person on the Goods and Service Tax portal.

Tags : Madras High Court, GST Portal, Assessee

SC: Non-Service of AO Inconsequential if Assessee Otherwise Had Knowledge About Them(18.03.2023)

Supreme Court has observed that Attachment order will not be vitiated merely because assessment orders (AO) were not served on the assessee, if the as.....

Tags : Supreme Court, Assessment Order, Assessee

ITAT, Bangalore: Assessee Couldn’t Submit Evidence for Payment of Brokerage for Sale of Property(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has permitted 1% of the sale consideration as brokerage for the sale of the property since the assessee could.....

Tags : Income Tax Appellate Tribunal, brokerage, Income Tax Act, 1961, assessee

ITAT, Cuttack: Source of Money Cannot be Doubted if Fixed Deposits Are Made Out of Savings(02.05.2022)

Income Tax Appellate Tribunal, Cuttack has observed that the cause of money cannot be doubted if the fixed deposits are made out of the savings of the.....

Tags : Income Tax Appellate Tribunal, fixed deposits, assessee

ITAT, Chennai: Mere Mistake in Filing of Income Tax Return Not Effect in Enhancement of Income(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that a mere mistake in the filing of return of income would not result into income enhancement of .....

Tags : Income Tax Appellate Tribunal, assessee, filing of return

ITAT, Ahmedabad: Assessing Officer Cannot Interfere With Business Decisions of Assessee(20.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that the Assessing Officer cannot interfere with the business decisions of the assessee.

Tags : Income Tax Appellate Tribunal, Assessing Officer, assessee

Madras HC: Mere Signing of Statement Admitting Tax Liability, Doesn't Amount to Self-Ascertainment(21.04.2022)

Madras High Court has ruled that merely because an assessee has, signed a statement admitting tax liability under the stress of investigation, and hav.....

Tags : Madras High Court, assessee, tax liability, self-assessment, self-ascertainment

ITAT, Ahmedabad: Higher Rate of Depreciation Available to Vehicles Let Out on Hire(22.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the assessee can avail higher rate of depreciation that is accessible to vehicles to let out o.....

Tags : Income Tax Appellate Tribunal, assessee, higher rate, depreciation

ITAT, Bangalore: Agricultural Land Not Converted at Time of Sale Not Included as Capital Gain(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that since the agricultural land was not converted at the time of sale, the sale consideration s.....

Tags : Income Tax Appellate Tribunal, agricultural land, sale consideration, Income Tax Act, 1961, assessee

Del. HC: Can’t Tax Services Provided to Indian Customers for Use of Process by Assessee Company(26.07.2024)

Delhi High Court has held that, for the services provided to Indian customers outside the territory of India in connection with use of process or equi.....

Tags : Delhi High Court, Assessee Company, Royalty

ITAT Condones Delay in Filing Audit Report Due to Illness of Accountant(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has condoned a delay in filing audit report since the Accountant of the assessee was undergoing medic.....

Tags : ITAT, Medical Treatment, Assessee, Condoned

ITAT, Bangalore: Non-Appearance of Assessee During Hearing Can’t be Reason to Recall Tribunal Order(02.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the Tribunal cannot recall an order by invoking Rule 25 of the Appellate Tribunal Rules, 1963 .....

Tags : Income Tax Appellate Tribunal, Rule 25, Appellate Tribunal Rules, 1963, assessee

Bombay HC: Assessee Deprived of Refund Due to Wrongful Withholding of Amount by Income Tax Dept(03.05.2022)

Bombay High Court has allowed 6% interest to the assessee on wrongful withholding of the amount by the income tax department.

Tags : Bombay High Court, 6% interest, assessee, income tax department

ITAT, Ahmedabad: CIT(A) Shall Condone Delay and Dispose Appeal on Merits(03.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the Commissioner (Appeals) shall condone the delay and dispose the appeal on merits if the ass.....

Tags : Income Tax Appellate Tribunal, malafide manner, assessee

Madras HC Refuses To Quash Notice For Attachment And Sale Of Immovable Property(05.05.2022)

Madras High Court has dismissed a plea seeking to quash the notice for the attachment and sale of immovable property by observing that the assessee is.....

Tags : GST Proceedings, Assessee, Immovable Property

ITAT, Ahmedabad: Delay Due to Liquidation Proceedings Constitute Reasonable Cause(10.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that if dominion ownership of car rest with the assessee, the assessee is eligible for depreciation.....

Tags : Income Tax Appellate Tribunal, depreciation, assessee

ITAT, Ahmedabad: Third Party Shareholders Renouncing Rights Shares is Liable to Tax U/S 56(2)(10.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that third party shareholders renouncing rights shares in favour of the assesse are liable to tax u.....

Tags : Income Tax Appellate Tribunal, assesse, Section 56(2), Income Tax, 1961

ITAT Hyderabad: Serving Notice to Assessee is Mandatory Requirement Under IT Act(29.05.2017)

ITAT Hyderabad has held that serving notice to assessee and giving him an opportunity to be heard is not an “empty formality”, but is a mandatory requ.....

Tags : ITAT Hyderabad, Notice, Assessee

ITAT: Income Tax Penalty U/S 271E Cannot be Levied In Absence of Regular Assessment(13.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the income tax penalty under Section 271E of the Income Tax Act, 1961 cannot be levied in the .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Section 271E, assessee

Delhi HC: Time Limit of 8 Hours to File Reply to Show Cause Notice is Unreasonable(17.05.2022)

Delhi High Court bench has ruled that the time limit of eight hours to respond to the show cause notice was found to be neither reasonable nor effecti.....

Tags : Delhi High Court, eight, assessee

ITAT: Husband Entitled Capital Gain Exemption for Asset Bought In The Name of Wife(23.05.2022)

Income Tax Appellate Tribunal, Jaipur held that the husband was entitled to a capital gain exemption for assets bought in the name of the wife. The IT.....

Tags : ITAT, Jaipur, Assessee, Exemption

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