For invoking section 41(1), there must be an allowance or deduction claimed by the assessee in the past concerning a trading liability, which is subsequently remitted or ceased.

For invoking section 41(1), there must be an allowance or deduction claimed by the assessee in the past concerning a trading liability, which is subsequently remitted or ceased.   In the case of Income Tax Officer Ward-2(1), Nagpur v. N. Kumar Housing and Infrastructure Pvt. Ltd., ITA No. 481/Nag/2024, dated February 25, 2025, the Income… […]

Income Tax Department cannot indefinitely keep the properties attached: Delhi HC

Income Tax Department cannot indefinitely keep the properties attached: Delhi HC Fasttrack Tieup Pvt. Ltd. Versus UOI Case No.: W.P.(C) 15237/2023 and CM APPLs.60975/2023, 17044/2024 Facts: 1.  Summit Aviation Pvt. Ltd. had availed financial assistance from Punjab National Bank (PNB) in 2008 for purchasing helicopters. 2.  A hypothecation agreement was executed on 12.05.2008, wherein three… […]

Call centre services are not technical or managerial services: Bombay HC

Call centre services are not technical or managerial services: Bombay HC   Commissioner of Income-Tax (TDS)-2 Versus Vodafone Essar Ltd (ITA 1838 of 2018) Facts: 1.  The Revenue was of the view that, agreement entered by the assessee with IGSPT and the other material on record clearly showed that the agreement concerned the assessee’s availing… […]

Income Tax Department’s Scrutiny of Household Withdrawals: A Wake-Up Call for Taxpayers

Income Tax Department’s Scrutiny of Household Withdrawals: A Wake-Up Call for Taxpayers Imagine opening your mailbox and finding a notice from the Income Tax Department asking for a breakdown of your monthly expenses-down to the last rupee spent on haircuts, shoe polish, and even perfumes. Sounds like a nosy neighbor, right? Well, one such notice… […]

WhatsApp Messages alone Cannot Justify addition under Section 69C Addition: Mumbai ITAT

WhatsApp Messages alone Cannot Justify addition under Section 69C Addition: Mumbai ITAT   In a significant ruling of ACIT v/s Prashant Prakash Nilawar , the Mumbai ITAT has held that WhatsApp messages alone are insufficient to justify additions under Section 69C (Unexplained Expenditure) of the Income Tax Act, 1961. Let us have a Short Overview… […]

No question of law if Assessing Officer had concluded that the transaction of purchase and sale of shares was a sham transaction & disallowed Short-Term Capital Loss

No question of law if Assessing Officer had concluded that the transaction of purchase and sale of shares was a sham transaction & disallowed Short-Term Capital Loss Where the Assessing Officer had concluded that the transaction of purchase and sale of shares was a sham transaction, disallowing short-term capital loss claimed by the assessee did… […]