The Payment of ocean freight and IHC are not subjected to TDS by virtue of the provisions of Section 172. The CBDT vide Circular No.723 dated 19/09/1995 has clarified that a deduction of TDS was not required. In the case of Pr. CIT vs. Bajaj Herbals (P.) Ltd. [2023] 148 taxmann.com 147 (Guj)(HC) non-resident ship-owners… (read more)

The action of the Assessing Officer is not justified . One has to study whether the reopening notice is issued by following the due process of law . If the assessment was completed earlier under section 143(3) , whether any specific question was raised in the course of assessment . Even under the new provision… (read more)

When the claims and figures are noticeable to the Assessing officer concerning the disallowance, then there is no failure on the part of the Assessee for concealment or furnishing inaccurate particulars of income which leads to a penalty under section 271(1)(c ). Further, when the assessee preferred a claim, it was up to the authorities… (read more)

Now because of election the process may be kept in hold . The aggrieved candidate may file RTI asking the specific reply . Once reply is received the candidates may consider filing PIL before respective High Court . (read more)

It may be desirable to file an application under section 264 of the Income tax Act . In case the revision application is rejected the assessee can file writ before the High Court . When an revision application is filed the CIT is bound to pass the order within specified time limit . There is… (read more)

Make an application before the Administrative Commissioner and also Central Board of Direct taxes . If no reply is received within a reasonable time file writ before the High court . (read more)