Tag Archives: Income tax

No TDS u/s 194C on hiring charges of crane : ITAT

By | May 13, 2019

A simpliciter payment towards hiring charges of cranes cannot be brought within the sweep of the definition of the term “work” as envisaged in Sec. 194C of the IT Act. IN THE ITAT AMRITSAR BENCH Bhangal Construction Co. v. Income-tax Officer, Ward-1, Phagwara N.K. SAINI, VICE-PRESIDENT AND RAVISH SOOD, JUDICIAL MEMBER IT APPEAL NO. 587 (ASR.) OF… Read More »

74 Changes in Income Tax Return 2019

By | May 13, 2019

Changes in Income Tax Return 2019 The Central Board of Direct Taxes (CBDT) has notified the Income-tax Return (ITR) Forms applicable for the Assessment Year 2019-20. These ITR Forms will be applicable for filing of income-tax return in respect of income earned during the previous year 2018-19 (between 01-04-2018 to 31-03-2019). The new forms incorporate… Read More »

Notice issued in name of dead person isn’t binding on legal representative : ITAT

By | May 10, 2019

The issue of a notice under Section 148 of the Act is a foundation for reopening of assessment. The sine qua non for acquiring jurisdiction to reopen an assessment is that such notice should be issued in the name of the correct person. This requirement of issuing notice to a correct person and not to… Read More »

CIT(A) has no power to declare TDS return filed by assessee as not Valid: ITAT

By | May 8, 2019

CIT(Appeals) cannot travel beyond the subject matter of the appeal, which in the present case is as to, whether fee u/s. 234E of the Act can be levied or not; and not the question, whether the return of TDS filed by the assessee is non est in law? We are, therefore, of the view that the… Read More »

No TCS if Buyer declaration obtained for goods to be used for manufacturing : ITAT

By | May 8, 2019

” …………. if the buyer furnishes to the person responsible for the tax a declaration in writing in prescribed form declaring that the goods in question are to b e utilized for the purposes of manufacturing processor producing articles or things or for the purpose of generation of power and not for trading purposes. The… Read More »

Salary TDS certificate part B to be issued from TRACES portal: CBDT Notification No 9/2019

By | May 7, 2019

The Central Board of Direct Taxes (CBDT) has made it mandatory all deductors to issue the TDS certificate in Part B of Form no. 16 by downloading it through TRACES Portal. This will be applicable in respect of all sums deducted on or after April 1, 2018 under the provision of Section 192. CBDT Notification… Read More »

To reopen Assessment of 143(1) intimations , ‘reason to believe’ is must : HC

By | May 6, 2019

It is a settled position in law that the Assessing Officer acquires jurisdiction to issue a re-opening notice only when he has reason to believe that income chargeable to tax has escaped Assessment. This basic condition precedent is applicable whether the return of income was processed under Section 143(1) of the Act by intimation or… Read More »

ITAT couldn’t dismiss appeal due to non-appearance of party: HC

By | May 5, 2019

HIGH COURT OF MADRAS Smt. Ritha Sabapathy v. Deputy Commissioner of Income-tax, Circle-1, Chennai DR. VINEET KOTHARI AND C.V. KARTHIKEYAN, JJ. TAX CASE APPEAL NO. 169 OF 2019 FEBRUARY  19, 2019 R. Sivaraman, Sr. Standing Counsel for the Appellant. Mrs. V. Pushpa for the Respondent. JUDGMENT Dr. Vineet Kothari, J. – The Assessee has filed this Tax Case (Appeal) under Section 260-A… Read More »