You may file appeal against the Assessment order. If the addition is deleted then penalty will also be deleted. Note : The assessee should produce evidence before the Appellate Authorities in the form of confirmation , photographs , and may also file Affidavit in the Appellate proceedings by making application for admitting the additional evidence… (read more)

Yes unequal Partition is permissible. Kindly refer CGT v N.S. Getti Chettiar (1971) 82 ITR 599 (SC). Member may accept a smaller/larger share on partition or he may renounce his right fully. But Income Tax Department has no right to avoid partition on the ground of inequality. [M.S.M. Meyappa Chettiar v. CIT 18 ITR 586… (read more)

Though many companies are indeed referred to the NCLT under IBC and at times declared bankrupt, the question as to whether the cost of shares can be treated as a capital loss is not a question that can be generally answered without a keen appreciation of the facts in each case and without seeing the… (read more)

Under the provisions of Section 263, the Pr. CIT may call for or examined the record of any proceedings done under the Income Tax Act. (Here proceedings u/s.153A) And if he considered it was prejudicial to the interest of the revenue, he may give an opportunity to the Assessee and pass order. In Kusumlata Sonthalia… (read more)

Note : Memorandum explaining the provision states that this amendment will take effect from Ist April , 2021 and will , accordingly , apply in relation to the assessment year 2021 -22 and subsequent assessment years (2021) 430 ITR 214 (st) (243). In the case of CIT vs. Hindustan Organics Chemicals Ltd [2014] 366 ITR… (read more)

The Jurisdiction of the Courts is determined by statute. It has been long held by the courts that in the absence of a statutory provision to the contrary, it is the location of the Assessing officer determines the issue of Jurisdiction as the lis lies with the Assessing officer. In the earlier process of Assessment,… (read more)

If the original Assesssment order which is subject matter of revision does not survive then the proceedings u/s 263 are bad in law. Challenge to ITAT is the appropriate remedy. (read more)

Explanation (ii) to section 206C(1G) defines "overseas tour programme package" as any tour package which offers visit to a country or countries or territory or territories outside India and includes expenses for travel or hotel stay or boarding or lodging or any other expenditure of similar nature or in relation thereto. Therefore, the same would… (read more)

: Section 56 (2)(x) of the Act is an anti-abuse provision. Since the transaction of issue of right shares is as per the provisions of the Companies Act and Rules framed thereof, it cannot be said that the transaction is without consideration or without any substance. (read more)

A look at the Income-tax Act, 1961, post amendment by the Finance Act, 2021, makes it clear that the amendment to Section 148 has been made from 1-4-2021. This clearly implies that from 1-4-20201, the amended Section 148 shall come into force. The extension of date for issue of notice u/s 148 is only an… (read more)