Individual Below Turnover Limit Exempt from TDS under 194A and Interest Expenditure Allowed under Section 57(iii) Issue Scope of TDS under Section 194A: Whether an individual assessee whose business turnover in the preceding year did not exceed the prescribed monetary limits under the proviso to Section 194A(1) is required to deduct tax at source (TDS)… Read More »
Addition of capital gains based on Form 26AS TDS is unsustainable when subsequent receipts are declared in respective returns. Issue Whether the Assessing Officer was justified in making an addition of ₹2.45 crores to the capital gains for Assessment Year 2018-19 based on the TDS amount reflected in Form 26AS, despite the assessee actually receiving… Read More »
Ex-Parte Dismissal Without Merits Invalid And Successive Non-Compliances Under Section 142(1) Constitute Single Default Ex-Parte Dismissal Without Merits Invalid And Successive Non-Compliances Under Section 142(1) Constitute Single Default Issue Whether an ex-parte order passed by CIT(A) dismissing an appeal for non-prosecution without deciding it on merits as required under Section 250(6) is legally sustainable. Whether… Read More »
Compulsory agricultural land compensation is tax-exempt, but attached structures attract capital gains tax. Compulsory agricultural land compensation is tax-exempt, but attached structures attract capital gains tax. Issue Whether compensation received on the compulsory acquisition of agricultural land situated in a notified area outside municipal limits is exempt from capital gains tax under Section 10(37). Whether… Read More »
Rectification Under Section 154 Must Delete Duplicate Addition When Same Cash Deposit Is Assessed in Successor’s Hands Issue Whether an addition of unexplained cash deposit under Section 69A can be retained in the hands of a dissolved firm under a Section 154 rectification proceeding, when the exact same cash deposit has already been assessed and… Read More »
Assessment Orders Passed Without Traceable Section 153D Mandatory Approval Letters Are Illegal And Quashed Issue Whether the revenue bears the burden of proving compliance with the mandatory requirement of prior approval under Section 153D when specifically challenged by the assessee. Whether assessment orders passed under search and seizure provisions are sustainable when the revenue fails… Read More »
Assessment Orders Passed Without Proof of Valid Section 153D Mandatory Approval Are Void and Quashed Issue Whether assessment orders passed under Section 153A/143(3) can be sustained when the Revenue fails to produce tangible evidence of valid prior approval under Section 153D after the assessee specifically challenges its compliance. Facts The assessee is an individual engaged… Read More »
Assessment Remanded to Re-examine Capital Gains Documents Pertaining to Sold Immovable Properties Assessment Remanded to Re-examine Capital Gains Documents Pertaining to Sold Immovable Properties Issue Whether an assessment addition under Section 69 of the Income-tax Act, 1961 (Section 103 of the Income-tax Act, 2025) for unexplained investment/undisclosed capital gains should be restored to the Assessing… Read More »
Ex-Parte Section 69A Assessment Remanded to AO for Fresh Hearing Subject to Assessee Paying Costs Ex-Parte Section 69A Assessment Remanded to AO for Fresh Hearing Subject to Assessee Paying Costs Issue Whether an ex-parte reassessment order treating cash deposits and withdrawals as unexplained money under Section 69A should be set aside and remanded for fresh… Read More »
Ex-Parte Assessment Orders Set Aside and Remanded for De Novo Hearing Due to Improper Notice Service Ex-Parte Assessment Orders Set Aside and Remanded for De Novo Hearing Due to Improper Notice Service Issue Whether ex-parte assessment orders passed under Section 144 and confirmed ex-parte by CIT(A) should be set aside and remanded to the Jurisdictional… Read More »