Recovery of Tax Stayed Upon Deposit of 20% ; Reassessment Proceedings Challenged Issue: Whether the recovery of tax under reassessment proceedings can be stayed, and under what conditions, when the assessee challenges the validity of the reassessment notices and the assessment procedure. Facts: The assessee filed multiple writ petitions challenging reassessment notices for various assessment… Read More »
Faceless Reassessment : NaFAC’s jurisdiction starts from issuing notice under Section 142(1) or 143(2). Key Issues and Decisions: I. Jurisdiction of NaFAC in Faceless Reassessment: Issue: Whether the National Faceless Assessment Centre (NaFAC) has jurisdiction in reassessment cases from the initial stage of issuing notices under Section 148. Decision: The court held that NaFAC’s jurisdiction… Read More »
Section 194N TDS on Cash Withdrawal New rules for FY 2025-26 Section 194N TDS on Cash Withdrawal covering its provisions with examples: Section 194N: TDS on Cash Withdrawals Section 194N of the Income Tax Act addresses the Tax Deducted at Source (TDS) on cash withdrawals exceeding specified limits. This section aims to discourage large cash… Read More »
Reassessment Proceedings Quashed for Lack of Jurisdiction, Notice issued by AO Jaipur , Assessee was carrying business in Delhi Issue: Whether the reassessment proceedings initiated against the assessee were valid when the notice under Section 148 of the Income-tax Act, 1961, was issued by an Assessing Officer (AO) who lacked territorial jurisdiction over the assessee’s… Read More »
Capital contribution from partners not treated as unexplained cash credit. Clarification on Commissioner’s Powers, Unexplained Investments, and Cash Credits Key Issues and Decisions: I. Powers of Commissioner (Appeals): Issue: Whether the Commissioner (Appeals) can enhance an assessment when the Principal Commissioner has already revised the assessment order under Section 263 and the matter has been… Read More »
Reassessment invalid due Notice issued by non-jurisdictional ITO and insufficient evidence. Common Facts: The assessee filed its return of income for the assessment year 2014-15. The Assessing Officer received information about potential income escaping assessment, leading to the initiation of reassessment proceedings. Issue 1: Jurisdiction for Reassessment The reassessment was framed by the Deputy Commissioner… Read More »
Meaning of Supreme Court issues a “notice to the respondent” When the Supreme Court issues a “notice to the respondent,” it means the court has acknowledged that a case has been filed and is directing the opposing party (the respondent) to: Be informed: They are officially notified that a legal proceeding has been initiated against… Read More »
Supreme Court Issues Notice on Taxability of Interest on Land Acquisition Compensation Issue: Whether interest received on compensation or enhanced compensation for land acquired under the Land Acquisition Act, 1894, should be considered as ‘income from other sources’ under Section 56(2)(viii) of the Income-tax Act, 1961, and be subject to income tax. Facts: The High… Read More »
Stamp Duty Value at Allotment Date Relevant for Section 56(2)(vii)(b) Addition Issue: Whether the stamp duty value on the date of allotment, rather than the date of registration, should be considered for determining the income under Section 56(2)(vii)(b) of the Income-tax Act, 1961, when a property is purchased. Facts: The assessee purchased a flat. The… Read More »
Disallowance under Section 40A(3) Remanded for Fresh Examination Considering Bank Holiday, Payment by Agent Issue: Whether the disallowance of cash purchases exceeding Rs. 20,000 under Section 40A(3) of the Income-tax Act, 1961, is justified when the assessee claims that the payments fall within the exceptions provided under Rule 6DD of the Income-tax Rules, 1962. Facts:… Read More »