Section 115BAA overrides all rate provisions, potentially disregarding special tax treatments under sections like 111A, 112, and 115BB: Delhi ITAT

Section 115BAA overrides all rate provisions, potentially disregarding special tax treatments under sections like 111A, 112, and 115BB: Delhi ITAT   Now, recent Delhi ITAT decision on section 115BAA and 22% Tax on Capital Gains prompts discussion. The Delhi ITAT’s decision in Maharishi Education Corporation P. Ltd. v. ITO [2025] 179 taxmann.com 698 (Del.) has sparked discussion… […]

ITAT deleted addition due to invalidity of proceedings under Sections 147/148 and improper transfer under Section 127

ITAT deleted addition due to invalidity of proceedings under Sections 147/148 and improper transfer under Section 127   Hon’ble ITAT, Indore in the case of M/s. Shakshi Township Pvt. Ltd. (AY 2011-12) has quashed the reassessment order solely on jurisdictional grounds, highlighting the invalidity of proceedings under Sections 147/148 and improper transfer under Section 127…. […]

TDS not applicable on commission to NRI agents procuring foreign customers

TDS not applicable on commission to NRI agents procuring foreign customers   In a recent case, AO made disallowance u/s 40(a)(i) for not deducting TDS on commission paid to non-resident agent for procuring foreign customers. CIT(A) also upheld the disallowance. On further appeal, the Hon’ble ITAT appreciated our submissions that the NRI agent has no… […]

AO neither rejected the books nor conducted verification under Section 133(6): ITAT deleted addition under Section 68

AO neither rejected the books nor conducted verification under Section 133(6): ITAT deleted addition under Section 68    Demonetisation Cash Deposits Fully Explained – ITAT Hyderabad Deletes ₹96.26 Lakh Addition Under Section 68, Accepts Books & Debtor Confirmations as Genuine The ITAT Hyderabad deleted an addition of ₹96.26 lakh made under Section 68 for cash deposits during… […]

Both JAO and FAO have concurrent jurisdiction to initiate reassessment proceedings under section 148

Both JAO and FAO have concurrent jurisdiction to initiate reassessment proceedings under section 148   The petitioners filed an instant writ petition and contended that the Faceless Assessing Officer (FAO) would have the jurisdiction to initiate reassessment proceedings under section 148.The petitioners submitted that multiple judicial pronouncements stated that it was the FAO, that should… […]

Madras High Court Quashes Reassessment as Time-Barred and Without Jurisdiction:

Madras High Court Quashes Reassessment as Time-Barred and Without Jurisdiction:   Tamilselvi v. ITO Facts: 1.  Notices under Sections 148A(b) and 148 were issued in the transitional phase after the 2021 amendment to the reassessment provisions. 2.  The petitioner challenged the validity of these notices and consequential orders as: Time-barred in light of the Supreme… […]