Recovery by Refund Adjustment Against Disputed Demand Is Valid in Absence of Stay Application Issue Whether the Revenue is justified in adjusting an assessee’s income tax refund under Section 245 against a disputed outstanding demand when the assessee has filed a first appeal but failed to move any stay application before the Assessing Officer or… Read More »
Reassessment / TDS Credit Denial for Un-deposited Salary Tax Deductions Is Unjustified and Credit Must Be Granted to Employee Reassessment / TDS Credit Denial for Un-deposited Salary Tax Deductions Is Unjustified and Credit Must Be Granted to Employee Issue Whether an employee can be denied credit for Tax Deducted at Source (TDS) and issued a… Read More »
Reassessment Based on Mechanical “Fit Case” Approval Under Section 151 and Uncorroborated Statement for Bogus Purchases Is Invalid and Ineffective Issue Whether approval granted under Section 151 of the Income-tax Act by writing merely “fit case” without independent application of mind or examination of material constitutes valid statutory sanction for issuing notice under Section 148.… Read More »
PCIT cannot invoke Section 263 revision where AO thoroughly examined demonetization cash deposits during assessment. Issue Whether the Principal Commissioner of Income Tax (PCIT) was justified in invoking revisionary powers under Section 263 of the Income-tax Act, 1961, to revise an assessment order passed after detailed examination of demonetization-period cash deposits by the Assessing Officer… Read More »
Reopening of assessment under Section 148A regarding alleged bogus insurance commissions cannot be interfered with in writ proceedings Reopening of assessment under Section 148A regarding alleged bogus insurance commissions cannot be interfered with in writ proceedings Issue Whether an order passed under Section 148A(3) and a consequential notice issued under Section 148, based on information… Read More »
Ex-parte assessment based on alleged fraudulent bank deposits remanded as Section 249(4)(b) dismissal was unsustainable. Issue Whether an appeal can be dismissed as non-admitted under Section 249(4)(b) for non-payment of tax when the assessee had no taxable income, filed no return, and the Assessing Officer adopted the returned income as ‘Nil’. Whether an ex-parte reassessment… Read More »
Faceless assessment limitation extended by official DIN receipt of DVO report; stamp value addition remanded for fresh valuation. Issue Whether an assessment order passed on 05.12.2022 was time-barred under Section 153 when the DVO report was emailed on 01.10.2022 but officially received through the statutory faceless channel under DIN on 06.10.2022. Whether the Assessing Officer… Read More »
No Section 14A disallowance without exempt income and premises vacation compensation is allowable revenue expenditure. Issue Whether any disallowance under Section 14A read with Rule 8D can be made in an assessment year where the assessee has earned no exempt income. Whether compensation paid by an assessee to secure vacant possession of premises taken on… Read More »
Key Tax Positions on Deductions, Transfer Pricing, TDS, and Expenses for Telecom Operators Established Issue Whether determinations under Section 80-IA (initial year and inclusion of operational receipts like interest, foreign exchange gains, and site-sharing revenue) require accounting for past appellate/rectification orders and integral business nexus. Whether payments for annual telecom license fees, Asset Restoration Costs… Read More »
Absence of explicit irrevocability and dissolution clauses in trust deed is not ground for denying Section 12AB registration and Section 80G approval Issue Whether the absence of explicit “irrevocable” and “dissolution” clauses in a trust deed justifies the rejection of an application for registration/revalidation under Section 12AB and approval under Section 80G(5)(ii). Facts The assessee-trust… Read More »