Unsecured Loan Addition Confirmed Excluding Opening Balance, and Business Loss Set-Off Allowed Prior to 2017 Issue Whether an addition under Section 68 can be sustained for an unsecured loan when the transaction is conducted via banking channels but cross-verification reveals that the lender did not reflect the receivable in his audited accounts, denied the loan… Read More »
Condonation of delay is justified when non-service of orders prevents timely filing of appeals. Issue Whether the Commissioner of Income-tax (Appeals) [CIT(A)] was legally justified in dismissing the assessee’s quantum and penalty appeals in limine (at the threshold) due to delays of 1,486 and 1,181 days, without evaluating the merits or providing an opportunity to… Read More »
Rental income constitutes house property income, while unverified interest claims require fresh adjudication remand. Issue Whether rental income from letting out fully furnished office premises is taxable under the head ‘Income from House Property’ or ‘Profits and gains of business or profession’ when GST is collected but no systematic business operations are undertaken. Whether interest… Read More »
Trust registration cannot be cancelled for financial irregularities without deviation from core charitable objects. Issue Whether the PCIT can legally cancel a trust’s tax registration under Section 12AB(4) by invoking clauses (a) and (e) of the Explanation for financial irregularities/related-party benefits under Section 13(3), when the trust continues its genuine charitable activity of imparting education… Read More »
Reassessment notice is quashed where reasons fail to establish a rational nexus with income escapement. Reassessment notice is quashed where reasons fail to establish a rational nexus with income escapement. Issue Whether a reassessment notice issued under Section 148 is legally sustainable when the Assessing Officer relies entirely on general penny-stock information from the Investigation… Read More »
Disallowance stands upheld for unverified TDS components, but crystallized expenses and legitimate business write-offs are allowable. Issue Whether tax disallowance under Section 40(a)(ia) applies to unverified or unsupported consultancy components and interest payments where corresponding payees have not proved tax compliance. Whether business expenses that crystallized in the relevant year, expenses invoiced to group concerns,… Read More »
Reassessment notice issued beyond three years is void if sanctioned by the incorrect tax authority. Issue Whether a reassessment notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year is legally valid when the mandatory administrative sanction under Section 151 was granted by the Principal Commissioner… Read More »
Inter-trust transfers out of accumulated funds are strictly taxable as deemed income regardless of project nomenclature. Issue Whether payments made out of accumulated income under Section 11(2) by a charitable trust to other Section 12AA-registered institutions for project implementation are hit by the restriction in Section 11(3)(d) and taxable as deemed income. Facts Income Accumulation:… Read More »
Section 153C assessments are quashed because satisfaction notes recorded post-April 1, 2021, render proceedings non-est and time-barred. Issue Whether the assessment orders passed under Section 153C for AY 2015-16, 2016-17, and 2017-18 are legally sustainable when the mandatory satisfaction note was recorded on October 11, 2022 (Financial Year 2022-23), shifting the statutory block period and… Read More »
Section 153C assessments are invalid for excluded block periods and unabated years lacking incriminating material. Issue Issue 1: Whether the block of six assessment years under Section 153C must be reckoned from the deemed date of search (the date the satisfaction note is recorded), thereby excluding years that fall outside this newly calculated window. Issue… Read More »