Section 159 applies only if reassessment notice is issued before Assessee’s death
Section 159 applies only if reassessment notice is issued before Assessee’s death In a writ petition recently, the court has held that Section 159 applies only if reassessment notice is issued before Assessee’s death. In short, if notice under section 148 is issued in the name of the deceased person and not in the… […]
Section 87A PIL disposed of by Bombay HC
Section 87A PIL disposed of by Bombay HC On admissibility of rebate under section 87A, the court has held as under: “(iv) The issue of adjudication of eligibility of a claim under Section 87A is left to the authorities under the Act while processing the returns filed by the assessees.” It means that the… […]
CIT(E) Can’t Reject Trust’s Registration Application Based on Only One Clause of Trust Deed- Surat ITAT
CIT(E) Can’t Reject Trust’s Registration Application Based on Only One Clause of Trust Deed- Surat ITAT Facts of the Case The assessee-trust was established with the objects, inter alia, to set up or to be helpful to educational institutions for the upliftment of the group of people following Jainism. The assessee filed an application… […]
GST on Accommodation Services
GST on Accommodation Services In our earlier times, if speak about taking accommodation services; the first thing which normally comes to our mind is that students taking hostel facility for their stay, but the above scenarios have changed in today’s era, despite digitalization there are many instances where even working professionals have to travel… […]
CBDT clarification on applicability of PPT while granting treaty benefits:
CBDT clarification on applicability of PPT while granting treaty benefits: Background: 1. MLI coming into force: On October 1st, 2019, the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, otherwise referred to as the Multilateral Instrument or MLI, came into force. 2. BEPS Action Plan: OECD’s Base… […]
Interest on deposits of surplus fund would qualify for the deduction u/s 80P(2)(a): Kerala HC
Interest on deposits of surplus fund would qualify for the deduction u/s 80P(2)(a): Kerala HC Vide its order dated 04.09.2024, Hon’ble Kerala HC in the case of PCIT Vs. Sahaydri Credit Co-op Society [IT Appeal No. 68 of 2017] has held that income received by the respondent Society by way of interest, on deposits… […]
Bombay HC dismissed writ petition against reopening – Observed wrong mention of return not filed as a typographical error
Bombay HC dismissed writ petition against reopening – Observed wrong mention of return not filed as a typographical error Bombay High Court: Sanjay Ratra WP 38 of 2025 has dealt with various issues wherein the legaility of reassessment proceeding was hallenged. Let us have a Short Overview of the case: Notice under section 148A(b):… […]
Limitation period runs from the date the DRP’s directions are uploaded on the ITBA portal.
Limitation period runs from the date the DRP’s directions are uploaded on the ITBA portal. Telangana High Court in the case of Rapiscan Systems Pvt. Limited (WP Nos 44891 & 44915 of 2022) has held that the period of limitation should be computed from the date of uploading. Let us have a Short Overview of… […]
Reopening is invalid if the escaped income is below ₹50 lakh and the notice was issued after the 3-year limit
Reopening is invalid if the escaped income is below ₹50 lakh and the notice was issued after the 3-year limit Recently, the court has held that Reopening is invalid if the escaped income is below ₹50 lakh and the notice was issued after the 3-year limit The case pertains to the Assessment Year 2017–18. The… […]
No recovery can be made without following the procedure specified in Section 78 & 79 of the GST Act
No recovery can be made without following the procedure specified in Section 78 & 79 of the GST Act Any short-payment of tax or wrong availment of input tax credit detected during the course of Audit (u/s 65), Special Audit (u/s 66) or during the course of search and inspection, is required to be… […]
